dissenting in part:
While I concur in that portion of the opinion affirming the award of the Industrial Commission to the children of Terri Lewis, I do not believe that the evidence was sufficient to sustain the findings of fact and award in favor of the wife and children of Charlie Robbins.
In order for an injury to be compensable, it must arise out of the employment, that is, have a causal connection with the employment. “. . . An injury arises out of the employment when it comes from the work the employee is to do, or out of the service he is to perform, or as a natural result of one of the risks of the employment; the injury must spring from the employment or have its origin therein. . . . There must be some causal relation between the employment and the injury . . . . ” Taylor v. Twin City Club, 260 N.C. 435, 132 S.E. 2d 865 (1963). I do not believe that the evidence establishes such a causal relation between the death of Charlie Robbins and his employment. The evidence indicates only that Daniel Lewis was upset with Charlie Robbins because he felt that Charlie Robbins was having an affair with his wife.
I would reverse the award of the Industrial Commission to the wife and children of Charlie Robbins.