# Spencer v. Johnson & Johnson Seafood, Inc.

> Court of Appeals of North Carolina · July 17, 1990 · 99 N.C. App. 510

URL: https://www.frixlaw.com/law-library/cases/8909949

## Case

- **Full name:** ZOLLIE SPENCER, Alleged Employee v. JOHNSON & JOHNSON SEAFOOD, INC., Employer
- **Court:** Court of Appeals of North Carolina
- **Decided:** July 17, 1990
- **Citations:** 99 N.C. App. 510; 393 S.E.2d 291; 1990 N.C. App. LEXIS 547
- **Precedential status:** Published
- **Opinion:** Dissent by Wells
- **Judges:** Eagles, Greene, Wells
- **Cited by:** 2 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/8909949

## How later opinions describe it (automated extraction)

- concluding that, because plaintiff was not an employee of defendant, Industrial Commission "was without jurisdiction to render an award under the [WCA]."

## Opinion text

Judge WELLS
dissenting.
The facts of this case reflect an informal, relaxed, casual work environment and work relationship, under which plaintiff (and other scallop shuckers) were allowed to work pretty much as they pleased, being paid according to their production. This reflects to me a friendly and convenient arrangement for both the workers and the operators of the seafood company. I cannot, however, agree that these circumstances and conditions establish that plaintiff was an independent contractor. She was hired to do piece work, not *517 a piece of work — a vital distinction under our Workers’ Compensation Act.
I would hold that the Commission correctly found and concluded that the relationship of employer-employee existed between plaintiff and defendant, and I would therefore affirm the Commission’s award.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8909949. Public record. Not legal advice.