#### JOYCE N. GAY, WIDOW AND JOYCE N. GAY, NEXT FRIEND OF SANDRA GAY, THE MINOR CHILD OF JOSEPH H. GAY, DECEASED (EMPLOYEE) v. GUARANTEED SUPPLY COMPANY, INC., (EMPLOYER) and AETNA CASUALTY & SURETY COMPANY, INSURER

No. 7218IC443

(Filed 28 June 1972)

Master and Servant § 62 — workmen’s compensation — automobile accident — relation to employment

The record supported the Industrial Commission’s determination that the deceased employee’s fatal automobile accident while returning home on a weekend from his job site in another state did not arise out of and in the course of his employment.

Appeal by plaintiffs from Award of the North Carolina Industrial Commission filed 24 November 1971.

From an award determining that the death of an employee did not arise out of and during the course of his employment and therefore denying death benefits, plaintiffs appealed.

Narron, Holdford and Babb by Talmadge L. Narron, for plaintiff appellants.

Smith, Moore, Smith, Schell & Hunter by Richmond G. Bernhardt, Jr., for defendant appellees.

VAUGHN, Judge.

For the factual background of this controversy see the opinion disposing of an earlier appeal. Gay v. Supply Co., 12 N.C. App. 149, 182 S.E. 2d 664. In that decision, the order of the Commission was reversed and the cause was remanded for further deliberations. On 24 November 1971, the Commission again determined that the deceased employee’s fatal accident did not arise out of and in the course of his employment.

Counsel for appellants have pursued their cause with admirable diligence. We hold, however, that the findings and conclusions of the Commission are supported by the record and, in law, we find no reversible error. The Award of the North Carolina Industrial Commission is affirmed.

Affirmed.

Judges Morris and Graham concur.