# Hix v. Jenkins

> Court of Appeals of North Carolina · February 21, 1995 · 118 N.C. App. 103

URL: https://www.frixlaw.com/law-library/cases/8893197

## Case

- **Full name:** RICHARD L. HIX and wife, JANE HIX v. WILLIAM HAROLD JENKINS
- **Court:** Court of Appeals of North Carolina
- **Decided:** February 21, 1995
- **Citations:** 118 N.C. App. 103; 453 S.E.2d 551; 1995 N.C. App. LEXIS 75
- **Precedential status:** Published
- **Opinion:** Concurrence by Walker
- **Judges:** Eagles, Greene, Walker
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8893197

## Opinion text

Judge Walker
concurring.
I agree with the majority that the legislature intended volunteer firemen to be treated as employees under the Workers’ Compensation Act and to provide them with workers’ compensation benefits even though a true employer-employee relationship does not exist between volunteer firemen and their volunteer fireman’s association. However, I recognize that workers’ compensation benefits may not *106 fully compensate plaintiff for his injuries but I believe it is for the legislature to address the circumstances in which a volunteer fireman can, as here, bring a negligence action against his fellow employee.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8893197. Public record. Not legal advice.