[2] Shane Tucker, age 8, would accompany his mother to work, where she was a cashier at the Wilco convenience store on Wendover Avenue in Greensboro.
There, he would pick up trash, put away cigarettes, stock bottles in the cooler, and perform other odd jobs, for which the employer's manager paid him $1.00 per day.
Based on several evidentiary findings, the judge concluded that Shane was an employee injured within the course and scope of his employment with defendant as defined in the Workers' Compensation Act.
To this point, it cited the claim in Burgess v. Gibbs that "A universal principal as old as the law is that the proceedings of a court without jurisdiction of the subject matter are a nullity.
The Commission concludes that the ancient doctrine of master and servant provides a poor vehicle for delivering federal employment policy into the twenty-first century.