Workmen’s Compensation – Compensability of Injuries Resulting from Physical Examinations

Plaintiff, a dairy worker, suffered an infection in her left arm as a result of submitting to a Wassermann test as ordered by her employer. The county board of health required dairy workers to take the test as a condition of their employment and the order was issued in pursuance thereof. Plaintiff filed a claim for compensation under the state Workmen’s Compensation Act which was rejected by her employer but sustained upon a hearing before the state commission. Defendant’s exceptions were overruled on appeal to the superior court. On appeal to the supreme court, held, reversed. The injury did not arise out of and in the course of the employment and therefore is not compensable under the act. King v. Arthur, 245 N.C. 599, 96 S.E. (2d) 846 (1957).