2. Plaintiff testified that she was putting gumballs back in a cabinet on August 15, 2003, and as she stood up she hit her eye on the cabinet door. Plaintiff said that she went to the doctor, but was sent to the hospital because they thought that she needed sutures. The hospital report indicates that plaintiff's wounds were cleaned and closed with steri strips.
3. Plaintiff testified that she did not miss any work as a result of the injury to her right eye.
4. Plaintiff testified that she was employed as a "domestic servant" at all times during her employment with defendant. She also testified that Allison Rhodes and Leslie Myers worked as domestic servants. Defendant testified that Allison Rhodes was part-time only and filled in when needed.
5. Defendant was not covered by any workers' compensation insurance policy at the time of plaintiff's alleged injury, or any time thereafter.
6. Defendant did not employ three or more employees concurrently at any time relevant to this claim.
7. Defendant testified that he only employed "domestic servants" in his home.
2. Defendant had not and has not waived said exemptions by procuring a workers' compensation policy as provided for by N.C. Gen. Stat. § 97-13(b).
3. Defendant is not subject to the Workers' Compensation Statute, and therefore, is not subject to penalties under N.C. Gen. Stat. § 97-94.
2. PH-1044 is hereby DISMISSED WITH PREJUDICE.
3. Each party shall pay its own costs.
This the 4th day of March, 2004.
S/____________ BUCK LATTIMORE CHAIRMAN
CONCURRING:
S/______________________ LAURA KRANIFELD MAVRETIC COMMISSIONER
S/_______________ CHRISTOPHER SCOTT COMMISSIONER