Statute Annotations › North Carolina › N.C. Gen. Stat. § 97-2

N.C. Gen. Stat. § 97-2

Definitions: the cases that interpreted this section

Jurisdiction
North Carolina
Case notes
3,404
Cited in passing
690
Citing cases indexed
4,562
Case dates
1949–2026
Screened through
2026-05-20
Checked for later law changes
2026-10-20
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

4,094 citing cases reviewed of 4,562 in the citation index: 3,404 interpreted the section (annotated below), 690 cited it only in passing. Cases filed after 2026-05-20 may not have been reviewed yet.

Have a situation under N.C. Gen. Stat. § 97-2?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Other injuries by accident

Section 97-2(6) covers neck and shoulder injuries sustained in the course of employment as compensable injuries.

Kunes v. Cox Rigging · filed 2005-02-03(6)

Plaintiff suffered compensable injuries to his neck and shoulder on November 16, 2000. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) treats cuts sustained during ordinary work as injuries by accident when each cut interrupts the employee’s regular work routine and introduces unusual conditions likely to cause unexpected consequences.

Hicks v. B P Siding Co. · filed 2005-03-08(6)

Each instance when plaintiff was cut while working for defendant-employer was an interruption of his regular work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences, and thereby constituted an injury by accident arising out of and in the course of his employment with defendant-employer.
Read the full opinion on CourtListener →

Section 97-2(6) treats an injury directly resulting from a specific traumatic incident of assigned work as an injury by accident arising out of and in the course of employment.

Chellis v. Mission St. Joseph's Health Sys. · filed 2005-03-14(6)

On February 23, 1999, plaintiff sustained an injury by accident arising out of and in the course and scope of her employment as a direct result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

A flare-up of symptoms from an earlier compensable back injury is not itself a new injury by accident or specific traumatic incident under § 97-2(6).

Wilson v. Airco Home Comfort · filed 2005-03-16(6)

The September 11, 2000, incident was not a new injury by accident or specific traumatic incident. ... Plaintiff did not sustain an injury by accident or specific traumatic incident to his back arising out of and in the course of his employment with defendant-employer on September 11, 2000. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a back injury arising out of and in the course of employment from a specific traumatic incident of the assigned work.

Russi v. Winds · filed 2005-03-23(6)

Plaintiff sustained an injury to his back arising out of and in the course of his employment with defendant-employer as a direct result of a specific traumatic incident of the work assigned on 24 March 1998. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

A specific traumatic incident to the back arising out of and in the course of employment qualifies as an injury by accident.

Hildreth v. Intl. Paper · filed 2005-04-04(6)

Plaintiff suffered an injury by accident arising out of and in the course of his employment in the nature of a specific traumatic incident to his back on May 27, 1991. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires an unexpected, unusual or untoward occurrence, or an interruption of the work routine that introduces unusual conditions likely to have unexpected consequences, for an injury by accident.

Knight v. Abbott Lab. · filed 2005-04-04(6)

The confrontation between plaintiff and her supervisor did not constitute an injury by accident in that it was not an unexpected, unusual or untoward occurrence or an interruption of the work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment when an unexpected event produces the injury.

Swift v. Richardson Sports, Ltd. · filed 2005-04-05(6)

The Workers' Compensation Act extends coverage only to an "injury by accident arising out of and in the course of the employment[.]" N.C. Gen.Stat. § 97-2(6) (2003). ... Because there is competent evidence to support the Full Commissions' findings of fact and these findings support its conclusion of law that plaintiff sustained a compensable injury by accident, we overrule this assignment of error.
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury by accident arising out of and in the course of employment; a stroke is not compensable when employment did not increase the risk of the stroke or cause it.

Thornburg v. Rainbow Transport · filed 2005-04-12(6)

Plaintiff has failed to prove that he suffered an injury by accident arising out of and in the course of his employment. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a back injury caused by a specific traumatic event of assigned work when the injury arises out of and in the course of employment.

Swiney v. Meritor · filed 2005-04-15(6)

Plaintiff sustained a compensable injury by accident to his left arm, left leg and to his back arising out of and in the course of employment with defendant on November 16, 2001 and as a direct result of a specific traumatic event of the work assigned on November 16, 2001.
Read the full opinion on CourtListener →

Section 97-2(6) covers physical and psychological conditions causally related to an injury by accident arising out of employment.

Ward v. Jr Constr. · filed 2005-04-27(6)

The greater weight of the evidence of record establishes a causal relationship between plaintiff's injury by accident on April 29, 2000 and the medical conditions involving his right arm, shoulder, and wrist, as well as his current psychological condition. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) treats an injury by accident arising out of employment as compensable.

Wooten v. Newcon Transp. · filed 2005-04-28(6)

Decedent sustained an injury by accident arising out of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6). Plaintiff's claim is therefore compensable under the provisions of the North Carolina Workers' Compensation Act.
Read the full opinion on CourtListener →

Section 97-2(6) defines an injury by accident as an unlooked for and untoward event that the injured employee did not expect or design.

Smith-Gary v. Winston-Salem State Univ. · filed 2005-05-02(6)

An injury by accident is defined under the Act as an unlooked for and untoward event, which is not expected or designed by the injured employee.
Read the full opinion on CourtListener →

A specific traumatic incident to the lumbar spine arising out of and in the course of employment can constitute an injury by accident under § 97-2(6).

Cole v. Manpower · filed 2005-05-04(6)

As a direct result of the work assigned to plaintiff on January 17, 2003, plaintiff sustained a specific traumatic incident to his lumbar spine, arising out of and in the course of his employment with defendant-employer, which resulted in a disabling physical injury to his back. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury by accident arising out of and in the course of employment for a compensable injury.

Dellinger v. Cypress Club of Charlotte · filed 2005-05-05(6)

Plaintiff did not sustain an injury by accident arising out of and in the course and scope of his employment with defendant-employer on or about May 30, 2002. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires proof of an interruption of the normal work routine for an injury to qualify as an injury by accident arising out of and in the course of employment.

Skenandore v. Swift Denim · filed 2005-05-06(6)

Plaintiff has failed to prove by the greater weight of the evidence, that he sustained an interruption of his normal work routine resulting in an injury by accident arising out of and in the course of his employment with the defendant-employer on August 3, 2000. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury caused by an accident arising out of and in the course of employment.

Royster v. Hannaford Corp. · filed 2005-05-06(6)

Plaintiff suffered a compensable injury by accident arising out of the course and scope his employment on May 15, 2002. As a result of that accident, plaintiff suffered at most a lumbar sprain or strain, which based upon the greater weight of the evidence had completely resolved no later than May 16, 2003, when plaintiff was released at maximum medical improvement and provided with a 0% permanent partial impairment rating by Dr. Price. N.C. Gen. Stat. § 97-2 .
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of assigned work as a result of a specific traumatic incident.

Brothers v. W.A. Brown Sons · filed 2005-05-06(6)

On April 11, 2002 plaintiff sustained an injury by accident arising out of his employment with defendant-employer as a result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a back injury caused by repeated jarring while operating a roller at work as a compensable accident.

Kyle v. Triangle Grading Paving · filed 2005-05-06(6)

On June 15, 2002 plaintiff suffered a compensable accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An injury by accident requires an interruption of the usual work routine or unusual conditions likely to produce unexpected consequences; performing the usual job in the usual manner does not qualify.

Kalavsky v. Boddie-Noel Enter. · filed 2005-05-12(6)

To be entitled to benefits, plaintiff must prove that he sustained an injury by accident arising out of and in the course and scope of the employment. N.C. Gen. Stat. § 97-2 (6). Without an injury by accident, the analysis of the claim does not get to the questions of "arising out of" or "in the course and scope of" employment. ... The evidence of record in this matter shows that plaintiff was doing his usual job in the usual manner, and that there was no interruption of the work routine or the introduction thereby of unusual conditions likely to result in unexpected consequences.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Surrett v. Callawassie Island Co. · filed 2005-05-13(6)

On January 9, 2002, plaintiff suffered an injury by accident arising out of and in the course of his employment with defendants. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a compensable injury by accident sustained while driving for an employer.

Hill v. Bcj Trucking · filed 2005-05-17(6)

Plaintiff suffered a compensable injury by accident on May 26, 2001. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers chronic pain and psychological conditions that directly and proximately result from a compensable injury.

Lindsey v. Abf Freight Sys. · filed 2005-05-20(6)

Plaintiff thereafter developed chronic pain syndrome, anxiety, depression, and somatoform pain disorder as a direct and proximal result of the compensable injury. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An accident under § 97-2(6) requires an interruption of the work routine and unusual conditions likely to cause unexpected consequences; an injury alone does not establish an accident.

Butner v. Piedmont Triad Homes · filed 2005-05-26(6)

The mere fact that plaintiff suffered an injury does not establish the fact of accident. Hensley v. Farmers Federal Co-Operative , 246 N.C. 274 , 98 S.E.2d 289 (1957). The injury and the accident are separate and there must be an accident that produces the injury before the employee can be awarded compensation. "Accident" is defined as an unlooked for and untoward event that is not expected or designed by the person who suffers the injury. The elements of "accident" are the interruption of the routine of work and the introduction of unusual conditions likely to result in unexpected consequences.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

White v. Staff America · filed 2005-05-26(6)

On December 3, 1998, plaintiff sustained a compensable injury by accident arising out of and in the course of the employment. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An injury caused when unusually difficult work interrupts an employee’s routine and introduces conditions likely to produce unexpected consequences is an injury by accident under § 97-2(6).

Rogers v. Roadway Express · filed 2005-06-03(6)

It was harder for plaintiff to pull up on the dock plate on this occasion than on previous occasions. The additional strength or exertion required for plaintiff to lift the dock plate on this occasion was sufficient to break his right wrist. Plaintiff's work routine thus was interrupted and conditions were introduced likely to result in unexpected consequences. ... On December 27, 2002, plaintiff sustained an injury by accident to his right wrist arising out of and in the course of his employment with defendant when he fractured the scaphoid bone and sprained the attached ligaments in his wrist. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Lassiter v. Goodyear Tire Rubber Co. · filed 2005-07-08(6)

On November 8, 1995, plaintiff experienced a compensable injury by accident arising out of and in the course of her employment with the defendant.
Read the full opinion on CourtListener →

Section 97-2(6) treats an accidental back injury sustained at work as a compensable injury by accident.

Johnson v. Wake Cty. School Sys. · filed 2005-07-08(6)

On November 12, 1992, plaintiff sustained a compensable injury by accident to her back while at work within the meaning of the Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires proof of an injury by accident arising out of and in the course of employment.

Woodiwiss v. Allvac · filed 2005-07-11(6)

Plaintiff did not prove by the greater weight of the evidence that he sustained a compensable injury by accident arising out of and in the course of his employment.
Read the full opinion on CourtListener →

Section 97-2(6) excludes an injury sustained while performing regular duties in the usual manner, without an interruption in the work routine or an unusual condition, from an injury by accident.

Futrell v. Perdue Farms · filed 2005-07-12(6)

Plaintiff was performing his regular work duties in the usual and customary manner when he was injured on October 6, 2003. Porter v. Shelby Knit, Inc ., 46 N.C. App. 22 , 264 S.E.2d 37 (1980). As such, plaintiff did not sustain a compensable injury to his left shoulder by accident arising out of and in the course of his employment. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2 treats unusual and excessive physical exertion combined with extreme environmental conditions as an injury by accident when those conditions precipitate a worker’s fatal heart attack.

Speer v. Bodenheimer Plumbing Co. · filed 2005-07-19(6), (10)

11. The Full Commission finds that the physical exertion required of decedent was unusual and excessive and, in combination with the environmental elements on July 31, 2002, constitutes an injury by accident pursuant to N.C. Gen. Stat. § 97-2 (6) and (10).
Read the full opinion on CourtListener →

Section 97-2(6) requires an unforeseen or unusual event interrupting the normal work routine for an injury to qualify as an injury by accident; the injury alone does not establish an accident.

Bumgarner v. Schools · filed 2005-07-19(6)

However, there was no unforeseen or unusual event that amounted to an interruption of the normal work routine. Other than the injury itself, plaintiff has not proven by the greater weight of the evidence that the injury qualifies as a compensable injury by "accident" under the Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (6); Porter v. Shelby Knit, Inc. , 4 N.C. App. 22 , 264 S.E.2d 360 (1980).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury caused by an accident arising out of and in the course of employment.

Jefferson v. Waste Indus. · filed 2005-07-20(6)

On 19 July 2002 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) treats an unexpected assault that introduces unusual conditions into an employee’s regular work routine as an accident.

Alvino v. Cty. of Durham · filed 2005-07-20(6)

The assault occurring on May 12, 2003, constituted an introduction into plaintiff's work routine of unusual conditions likely to result in unexpected consequences and thus constituted an accident within the meaning of N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury caused by an unusual occurrence that interrupts the employee’s regular work routine.

Quinby v. Food Lion · filed 2005-07-22(6)

On January 9, 2002, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant. The fact that the tote slid off the stack so that she had to catch it and push it back up constituted an unusual occurrence that interrupted plaintiff's regular work routine.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Wilson v. Shannon Foust Constr. · filed 2005-07-25(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course and scope of his employment on October 25, 2001, resulting in paraplegia. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of assigned work.

Jett v. Cambell Oil Co. · filed 2005-07-27(6)

As a direct result of the work assigned to plaintiff on January 7, 2002, plaintiff sustained an injury by accident arising out of and in the course of her employment, which resulted in injury to her face, neck and left shoulder.
Read the full opinion on CourtListener →

An injury by accident to the neck and arm arising out of and in the course of employment qualifies as an injury under § 97-2(6).

Wainwright v. Comm. Mgmt. Corp. · filed 2005-08-03(6)

On April 1, 2003, plaintiff sustained an injury by accident to her neck and arm, which arose out of and in the course and scope of her employment with the employer-defendant. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An injury by accident may arise when an interruption of the employee’s regular work routine introduces unusual conditions likely to produce unexpected consequences.

Alexandre v. Tesoro Corp. · filed 2005-08-04(6)

The circumstances of plaintiff's injury on February 14, 2003 constituted an interruption of his regular work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences. ... On February 14, 2003, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a back injury caused by a specific traumatic incident at work, but a later, unrelated back condition does not qualify for compensation under that injury.

Lynch v. U.S. foodservice/pya Monarch Inc. · filed 2005-08-10(6)

Aside from the February 25, 2002 incident which injury resolved, plaintiff did not suffer another specific traumatic incident arising out of and in the course of his employment or otherwise exacerbate the February 25, 2002 injury. As a consequence, plaintiff is not entitled to indemnity benefits or additional medical compensation for his low back condition.
Read the full opinion on CourtListener →

Section 97-2(6) covers post traumatic stress disorder caused by an accidental explosion at work as a compensable injury by accident.

Scott v. West Pharmaceuticals · filed 2005-08-15(6)

The plaintiff sustained a compensable injury by accident arising out of and in the course of her employment on or about January 29, 2003, which caused her to develop post traumatic stress disorder. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires a claimant to establish a compensable injury by accident or specific traumatic incident arising out of and in the course of employment.

Nobles v. Mid Atlantic Tool Die · filed 2005-08-16(6)

Plaintiff has failed to establish that he sustained a compensable injury by accident or specific traumatic incident arising out of and in the course of his employment on or about September 25, 2001. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires proof that an injury by specific traumatic incident arose out of and in the course of employment.

Smith v. Southland Pine Needles · filed 2005-08-16(6)

Plaintiff failed to prove that he sustained an injury by specific traumatic incident arising out of and in the course of the employment on or about 5 September 2001. Plaintiff failed to prove that his alleged injury was subsequently aggravated by operating a front-end loader with a damaged seat for defendant-employer in the weeks following his work-related injury. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident sustained while an employee works under a vehicle that begins moving.

Cloud v. Bobby's Friendly Towing · filed 2005-08-16(6)

On May 26, 2002 plaintiff sustained a compensable injury by accident at work when he was tying a driving shaft on a recreational vehicle (hereinafter R.V.) Plaintiff was under the R.V. attempting to tie the drive shaft when the vehicle began moving. ... On May 26, 2002 plaintiff sustained an injury by accident.
Read the full opinion on CourtListener →

Section 97-2(6) treats an injury during a newly introduced work task as an injury by accident when the task has not yet become routine.

Mullis v. Mbm Corp. · filed 2005-08-19(6)

Plaintiff's injury of April 8, 2004, constitutes an injury by accident within the meaning of N.C. Gen. Stat. § 97-2 (6). ... New conditions of employment to which an employee is introduced and expected to perform regularly do not become a part of an employee's work routine until they have in fact become routine.
Read the full opinion on CourtListener →

Section 97-2(6) requires proof that an accident caused an injury to establish a compensable injury by accident.

Hardison v. Rubbermaid Cleaning Prod. · filed 2005-08-19(6)

Plaintiff has failed to prove by the greater weight of the evidence that she suffered an injury as a result of her accident on February 26, 2001.
Read the full opinion on CourtListener →

Section 97-2(6) requires proof of an injury by accident or a material aggravation of a pre-existing condition.

Branham v. Whaley Food Serv. · filed 2005-08-24(6)

Plaintiff has failed to prove he sustained an injury by accident on or about August 14, 2003. Plaintiff failed to prove a material aggravation of a pre-existing condition on that date. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An injury by accident includes an injury arising from unusual conditions that interrupt an employee’s normal work routine.

Bridschge v. Clark Elec. · filed 2005-08-29(6)

16. The circumstances of plaintiff's injury on or about March 6, 2003, constituted an interruption of his normal work routine and the introduction thereby of unusual conditions likely to result in unexpected circumstances. 17. The competent evidence in the record establishes that plaintiff sustained an injury by accident to his right arm arising out of and in the course of his employment with defendant.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment when an unexpected event during the employee’s work causes the injury.

Swift v. Richardson Sports, Ltd. · filed 2005-09-06(6)

The Workers’ Compensation Act extends coverage only to an “injury by accident arising out of and in the course of the employment[.]” N.C. Gen. Stat. § 97-2(6) (2003). ... Because there is competent evidence to support the Full Commission’s findings of fact and these findings support its conclusion of law that plaintiff sustained a compensable injury by accident, we overrule this assignment of error.
Read the full opinion on CourtListener →

Section 97-2(6) requires a claimant to prove an injury by accident arising out of and in the course of employment to receive compensation for that injury.

McMillan v. Gen. Elec. Co. · filed 2005-09-06(6)

Plaintiff has failed to prove that he sustained a compensable injury by accident to his left wrist arising out of and in the course of his employment with defendant-employer on September 5, 2001.
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury by accident to arise out of and in the course of employment.

Carlton v. N.C. Deparment of Crime Control · filed 2005-09-08(6)

Plaintiff has also failed to establish that he suffered an injury by accident arising out of and in the course of his employment.
Read the full opinion on CourtListener →

Section 97-2(6) defines an injury by accident to include an accidental injury arising out of and in the course and scope of employment.

Mullins v. Sprenger's Home Improvement · filed 2005-09-08(6)

Plaintiff's July 8, 2002 right calcaneus fracture arose out of and in the course and scope of his employment with Defendant and was an injury by accident as defined by N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An unexpected event during a work-related lift that causes a strain qualifies as an injury by accident.

Medlin v. May · filed 2005-09-09(6)

Thus, Plaintiff's injury arose out of and in the course of his employment and resulted from an unlooked for and untoward event which was not expected or designed by the Plaintiff and therefore constituted a compensable accident under the Workers' Compensation Act.
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury by accident arising out of and in the course of employment for a compensable claim.

Henderson v. Mesa Indus. · filed 2005-09-12(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of her employment on December 18, 2000.
Read the full opinion on CourtListener →

Section 97-2(6) covers a lumbar strain sustained while moving a bathtub at work as an injury by accident or specific traumatic incident.

McPherson v. Barkley Plumbing, Inc. · filed 2005-09-27(6)

On March 26, 2003, Plaintiff sustained an injury by accident or specific traumatic incident, arising out of and in the course of his employment with Defendant-Employer when he sustained a lumbar strain while moving a bathtub.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment or a specific traumatic incident of the work assigned.

Sessoms v. Hickory Springs Manu. Co. · filed 2005-09-29(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of his employment or a specific traumatic incident of the work assigned with defendant-employer on October 26 or 27, 1997.
Read the full opinion on CourtListener →

Section 97-2(6) treats injuries caused by an original compensable accident, including later related injuries, as compensable injuries by accident.

Barnes v. Chisholm Serv. · filed 2005-09-29(6)

Plaintiff experienced an injury by accident on October 29, 1999. As a result of this compensable accident plaintiff experienced two shoulder injuries, a fractured jaw and injuries to the brain, which manifested by seizures and cognitive deficits. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) treats an assault by a combative patient during a nurse’s work as an injury by accident arising out of and in the course of employment.

Bradley v. Mission St. Joseph's Health System · filed 2005-10-04(6)

On January 27, 2001, plaintiff sustained an injury by accident resulting from an assault by a combative patient, arising out of and in the course of her employment with the defendant-employer. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Hartman v. Kosa · filed 2005-10-05(6)

The plaintiff sustained an injury by accident arising out of and in the course of her employment on May 8, 2001. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires proof that an injury by accident arose out of and in the course of employment, including competent medical proof of causation when the injury’s origin is medically uncertain.

Lundy v. Quality Blinds and Awning · filed 2005-10-05(6)

In the present case, plaintiff did not present any competent medical testimony to prove plaintiff's injuries were causally related to the work related incident on October 16, 2002. As such, on October 16, 2002, plaintiff did not sustain a compensable injury by accident arising out of and in the course of his employment. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a back injury sustained while loading cargo in the course of employment as an injury by accident.

Jackson v. East-West, Inc. · filed 2005-10-05(6)

On December 4, 2001, the plaintiff sustained an injury by accident to his back arising out of and in the course of his employment with the defendant-employer while he was loading wine boxes for transport from California to the east coast. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An accidental workplace back injury that causes a ruptured disc qualifies as an injury by accident under subsection (6).

Johnson v. Cochrane Furniture · filed 2005-10-06(6)

Decedent sustained an injury by accident arising out of and in the course of the employment on February 27, 2004. As a result of the compensable injury, decedent suffered a ruptured disc at the L5-S1 level for which he required surgery, performed on November 11, 2003. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) treats an unexpected interruption of normal work routine that significantly aggravates a preexisting condition as an injury by accident.

Legette v. Scotland Memorial Hospital · filed 2005-10-06(6)

In this case plaintiff's lifting activities on October 12, 2001, constituted an interruption of her work routine and introduced unusual conditions resulting in unexpected consequences. ... The lifting incident combined with and significantly aggravated her pre-existing lymphedema to produce the injury by accident.
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury caused by accident; an injury occurring under normal work conditions is not compensable as an injury by accident.

Evans v. Wilora L. healthcare/hilltopper Hldg. Ag · filed 2005-10-06(6)

An injury that occurs under normal work conditions, no matter how serious the injury, is not considered an injury caused by "accident" and is not compensable under the Act.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment when an interruption of the regular work routine introduces unusual conditions likely to cause unexpected consequences.

Costin v. Louisiana Pacific Corp. · filed 2005-10-10(6)

The circumstances of plaintiff's injury on March 3, 2003 constituted an interruption of his regular work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences. ... On March 3, 2003, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment when it results directly from a specific traumatic incident of the assigned work.

Queen v. Penske Corp. · filed 2005-10-11(6)

On July 1, 2002, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment and as a direct result of a specific traumatic incident of the work assigned.
Read the full opinion on CourtListener →

Section 97-2(6) covers a back injury caused by a specific traumatic incident of assigned work that arises out of and in the course of employment.

Inskeep v. Thyssen Dover Elevator Corp. · filed 2005-10-17(6)

On January 5, 2003, plaintiff sustained an injury by accident to his back as a result of a specific traumatic incident of the work assigned, arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires a claimant to establish an injury by accident.

Huffman v. Moore County · filed 2005-10-25(6)

Plaintiffs have not established an injury by accident. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) does not treat pain arising during an employee’s normal work routine, performed in the normal and customary manner, as an injury by accident.

Herring v. Extrol, Inc. · filed 2005-10-26(6)

Plaintiff did not sustain an injury by accident on August 6, 2003. While he experienced the onset of pain while working, the activity he was performing which precipitated his symptoms was a part of his normal work routine, which plaintiff performed in the normal and customary manner.
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury to result from an accident arising out of and in the course of employment to be compensable.

Gallimore v. Southern Exposures · filed 2005-10-27(6)

In order for an injury to be compensable under the Workers' Compensation Act, it must be the result of an accident arising out of an in the course of employment. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) includes an injury caused by a specific traumatic incident of assigned work that arises out of and in the course of employment within an injury by accident.

Ceballos v. Intrepid Companies, Inc. · filed 2005-10-28(6)

As a direct result of the work assigned to plaintiff, on May 1, 2002, plaintiff sustained an injury by accident as a result of a specific traumatic incident arising out of and in the course of her employment, which resulted in injury to her right foot and right knee and back. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An automobile collision arising out of and in the course of employment qualifies as an injury by accident under § 97-2(6).

Gilreath v. Yellow Cab of Charlotte · filed 2005-10-28(6)

On December 23, 1998, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer when he was involved in an automobile collision. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a head injury sustained when an employee strikes a protruding object while performing work.

Post v. Kvaerner Const., Inc. · filed 2005-11-01(6)

On May 15, 1997, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer, when her head struck a wooden stub protruding from a wall and she sustained injuries to her head.
Read the full opinion on CourtListener →

An unusual event that interrupts an employee’s regular work routine and causes injury can qualify as an injury by accident arising out of and in the course of employment.

Woods v. Modern Automotive network/modern Toyota · filed 2005-11-01(6)

The fact that he jumped down from the lift was an unusual occurrence which interrupted his regular work routine. It was also out of the ordinary for him to land on the metal brace. He thereby sustained an injury by accident arising out of and in the course of his employment.
Read the full opinion on CourtListener →

Section 97-2(6) requires proof of an injury caused by a specific exposure to establish an injury by accident.

Satorre v. Admin. Office of Courts · filed 2005-11-01(6)

The greater weight of the medical evidence fails to show that plaintiff sustained any injury from exposure to carbon monoxide in the summer of 2001 or from exposure to Supco-88. Therefore, plaintiff did not sustain an injury by accident due to a specific exposure to these substances. N.C. Gen. Stat. §§ 97-2 (6), 97-53 (13).
Read the full opinion on CourtListener →

Section 97-2(6) covers a back injury caused by a specific traumatic incident arising out of and in the course of employment.

McCaden v. Platt · filed 2005-11-04(6)

On February 16, 2003, Plaintiff sustained a back injury due to a specific traumatic incident, arising out of and in the course of his employment with Defendant-Employer while lifting a small spool of yarn.
Read the full opinion on CourtListener →

Section 97-2(6) covers injuries by accident arising out of and in the course of employment.

Price v. Quality Hardwood Frames · filed 2005-11-15(6)

The plaintiff sustained injuries by accident arising out of and in the course of his employment with defendant-employer on April 17, 2003 and April 21, 2003. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an accidental injury sustained during a supervisor-directed errand that benefits the employer as an injury arising out of and in the course of employment.

Waite v. Meyers · filed 2005-12-08(6)

The injury to the plaintiff's left hip was a direct and proximate result of her fall on July 23, 1999. The plaintiff sustained the left hip injury by accident during the course and scope of her employment. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An injury by accident arising out of and in the course of employment qualifies under § 97-2(6).

Ward v. Cmi Contracting, Inc. · filed 2005-12-15(6)

As a direct result of the work assigned to plaintiff on April 9, 2002, plaintiff sustained an injury by accident to his right shoulder arising out of and in the course of his employment. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) treats an injury caused by an interruption of the employee’s normal work routine and an unusual condition as an injury by accident.

Justis v. Secure Termite Pest · filed 2005-12-16(6)

Having to remove scrap wood out of his pathway by twisting at an awkward angle to raise the wood through a trap door while trying to navigate through an usually low clearance crawl-space constituted an interruption of Plaintiff's normal work routine and the introduction of an unusual condition likely to result in an unexpected consequence.
Read the full opinion on CourtListener →

Section 97-2(6) requires proof that the claimed disability resulted from a compensable work injury by accident.

Smith v. Woolard, Inc. · filed 2005-12-16(6)

The greater weight of the competent evidence of record shows that the cervical disc disease with myelopathy, and any alleged disability resulting therefrom, was not the result of a compensable work injury. Thus, the plaintiff has failed to prove that he is disabled as a result of a compensable injury by accident. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) treats an injury resulting from a specific traumatic incident of assigned work as an injury by accident arising out of and in the course of employment.

Lowe v. Lee Industries, Inc. · filed 2005-12-21(6)

On January 19, 2004, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer as the result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment, including an injury from a specific traumatic incident of assigned work.

Johnson v. Baxter Health Care · filed 2006-01-04(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer on January 11, 2001. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An injury caused by overexertion can be an injury by accident even when the employee was not engaged in an unusual activity.

Ferreyra v. Cumberland County · filed 2006-01-17(6)

Because plaintiff did not need to show that the overexertion which was the cause of his injury occurred while he was engaged in some unusual activity, the commission's findings are sufficient to support its conclusion.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of assigned work.

Denton v. Getrag Corp. · filed 2006-01-18(6)

As a direct result of the work assigned to plaintiff, on August 29, 2002, plaintiff sustained an injury by accident arising out of and in the course of his employment, which resulted in injury to his left shoulder. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An injury by accident can aggravate an underlying degenerative condition and accelerate or aggravate depression and anxiety.

Michael v. Steel Fab, Inc. · filed 2006-02-02(6)

As a result of plaintiff's compensable injury by accident, plaintiff sustained annular tears and nerve effacement to his back and aggravated his underlying degenerative disc disease and facet arothropy. Plaintiff's depression and anxiety were also accelerated and aggravated as a result of the compensable injury. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Smarr v. American Efird, Inc. · filed 2006-02-15(6)

The plaintiff sustained an injury by accident arising out of and in the course of her employment on March 20, 2000. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires proof of an injury by accident arising out of and in the scope of employment for a compensable claim.

McCarty v. Usf Holland, Inc. · filed 2006-02-15(6)

Since plaintiff failed to prove that on August 31, 2001 he sustained a compensable injury by accident arising out of and in the scope of his employment with defendant, resulting in injury to plaintiff's right knee, plaintiff's claim for benefits is hereby denied.
Read the full opinion on CourtListener →

An injury by accident arising out of and in the course of employment can include a cervical condition materially aggravated by the work accident.

Wade v. Carolina Brush Man. · filed 2006-02-23(6)

Plaintiff sustained and injury by accident arising out of and in the course of her employment with defendant-employer on November 29, 1999, in which she injured her right hand and cervical spine. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury by accident to arise out of and occur in the course of employment; the fly ash exposure here did not qualify.

Moore v. Daniel · filed 2006-02-28(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer when he was exposed to fly ash between mid-January and the end of January 2003. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An injury by accident under § 97-2(6) requires an unexpected event outside the employee’s normal work routine; harder digging caused by water in a hole does not qualify when digging in varied, difficult soil is part of the usual work.

Gardi v. Debron Electrical Company, Inc. · filed 2006-02-28(6)

Based on the greater weight of the credible evidence in the record, the Full Commission finds that plaintiff's injury on October 7, 2003, is not the result of an "accident" within the meaning of N.C. Gen. Stat. § 97-2 (6) in that it was not an unlooked for and untoward event, which was not expected or designed by the injured employee. Plaintiff's testimony was that he regularly dug holes for the setting of service posts, no hole was the same and, in the course of normal work operations, he regularly had to dig in different types of ground soil, sometimes in difficult soil, in different locations. The Full Commission finds that the digging of a hole with water in it following a period of rain was not unusual and unexpected and was in the normal course of plaintiff's work.
Read the full opinion on CourtListener →

Section 97-2(6) covers a back injury caused by a specific traumatic incident of assigned work as an injury by accident arising out of and in the course of employment.

Burgess v. Complete Care, Inc. · filed 2006-03-02(6)

On November 28, 2001, the plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer in the form of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An injury by accident requires an interruption of the employee’s normal work routine.

Williams v. Daughtridge Oil Company · filed 2006-03-02(6)

Plaintiff did not suffer an injury by accident while in the course and scope of her employment with defendant-employer since she has failed to show that the injury sustained was the result of an interruption of her normal work routine. Thus, plaintiff has failed to prove by the greater weight of the evidence that plaintiff is entitled to recover any workers' compensation benefits in this matter. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires an interruption of the employee’s normal work routine or an unexpected event for an injury by accident; ordinary duties that continue unchanged do not qualify.

Miller v. Lexington Home Brands · filed 2006-03-22(6)

However, the greater weight of the evidence fails to show that plaintiff's job duties changed to the extent that she had an interruption of her normal work routine or an unlooked for and untoward event that was not expected or designed by plaintiff, such as would constitute an injury by accident.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Wingate v. Creative Builders, Inc. of Nc · filed 2006-03-30(6)

On or about September 19, 2002, the plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant-employer. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) recognizes an injury arising out of and in the course of employment through a specific traumatic incident as an injury by accident.

Woods v. Oldcastle Precast, Inc. · filed 2006-04-07(6)

On May 7, 2004, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer in the form of a specific traumatic incident. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a fatal shooting that results from routine horseplay at work as an injury by accident arising out of and in the course of employment.

Lowe v. R "N" S Enterprises, Inc. · filed 2006-04-12(6)

On December 11, 2002, plaintiff sustained a fatal injury by accident arising out of and in the course and scope of his employment with Defendant R "n" S Enterprises, Inc. N.C. Gen. Stat. §§ 97-2 (6) and 97-38 .
Read the full opinion on CourtListener →

Section 97-2(6) treats an injury by accident resulting from employment as a compensable injury.

Darden v. Murphy Brown Farms · filed 2006-04-19(6)

The plaintiff sustained a compensable injury by accident on February 16, 2004, as a result of his employment with the defendant-employer. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a workplace accident that causes trauma to a diabetic worker’s foot, leading to necrosis, wet gangrene, and amputation.

Baize v. Wentworth Corporation · filed 2006-04-21(6)

On August 19, 2003, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. As a result of the August 19, 2003 accident, plaintiff developed necrosis and wet gangrene in his right foot which led necessarily to an initial amputation of his little toe followed by further surgeries including a mid-foot amputation. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An unanticipated delay by backup during a physical altercation can be an unlooked for and untoward event that makes an ensuing injury an injury by accident.

Kelly v. Wake County Sheriff's Department · filed 2006-05-04(6)

Because that physical altercation could have been minimized or avoided entirely, but for the unanticipated delay of Deputy Goodman in interceding in the altercation despite having already arrived on the scene as check-in or backup, Deputy Goodman's delay constituted "`an unlooked for and untoward event which is not expected or designed by the person who suffers the injury.'" Ferreyra v. Cumberland County, ___ N.C. App. ___, ___, 623 S.E.2d 825, 827 (2006) (citation omitted). It follows that, on May 24, 2001, plaintiff suffered a compensable injury by accident.
Read the full opinion on CourtListener →

Section 97-2(6) requires proof of an injury by accident; without a credible interruption of the work routine resulting in injury, the claimant has not established a compensable injury by accident.

Robertson v. Sagebrush of Stanleyville · filed 2006-05-19(6)

Thus, on May 2, 2003 plaintiff did not experience an interruption of her work routine resulting in an injury to her left ankle. ... Plaintiff has failed to establish that she suffered a compensable injury by accident on May 2, 2003. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An unusual task that interrupts an employee’s regular work routine can constitute an injury by accident under § 97-2(6).

Loor v. Econo Lodge, Unc-C · filed 2006-05-22(6)

Prior to April 17, 2002, plaintiff had never cleaned windows during her employment with defendant-employer. Consequently, the fact that she had to clean them on that occasion constituted an unusual occurrence that interrupted her regular work routine.
Read the full opinion on CourtListener →

Section 97-2(6) covers a neck injury caused by a specific traumatic incident of assigned work when that incident aggravates a previously nondisabling condition and makes it disabling.

West v. Consolidated Diesel Company · filed 2006-05-25(6)

On or about December 23, 2002, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant in that he sustained an injury to his neck as the result of a specific traumatic incident of the work assigned. The injury aggravated and exacerbated a previously nondisabling condition and made it disabling.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Grove v. Bar Construction Company Inc. · filed 2006-06-01(6)

The plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant-employer on July 24, 2001. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) treats a back injury from a specific traumatic incident of assigned work as an injury by accident arising out of and in the course of employment.

Halloway v. Cms Holdings Company · filed 2006-06-12(6)

On January 9, 2002, decedent sustained an injury by accident arising out of and in the course of his employment with defendant-employer as the result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a neck injury when the evidence shows that it resulted from an injury by accident at work.

Yeatts v. Guilford County Schools · filed 2006-06-14(6)

The plaintiff has proven by the greater weight of the evidence that his neck injury was a result of his January 4, 2002 injury by accident. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) treats an accident at work as a compensable injury when it causes physical injuries and psychiatric problems.

Dicamillo v. Arvin Meritor, Inc. · filed 2006-06-27(6)

Plaintiff suffered a compensable injury by accident on February 21, 2002, which resulted in injuries to his head, neck, and low back, as well as psychiatric problems. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires a compensable injury to be an injury by accident arising out of and in the course of employment.

Hoffman v. Anson County Schools · filed 2006-06-27(6)

For an injury to be compensable, it must be an injury by accident arising out of and in the course of the employment.
Read the full opinion on CourtListener →

Section 97-2(6) covers neck and low-back injuries sustained in a compensable accident at work.

Oakes v. Caldwell County Board of Education · filed 2006-06-29(6)

On September 16, 2003, plaintiff suffered a compensable injury by accident in which she sustained injuries to her neck and low back. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an accidental foot injury arising out of and in the course of employment.

Carter v. Wake County Public Schools · filed 2006-06-29(6)

On May 13, 2002, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant, resulting in injuries to her right foot. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a knee injury caused by an unusual occurrence that interrupts the employee’s regular work routine.

Tyndall v. Carolina Soy Products · filed 2006-07-03(6)

This incident was an unusual occurrence that interrupted his regular work routine. ... On May 6, 2003 plaintiff sustained an injury by accident arising out of and in the course of employment with defendant which resulted in a right knee injury. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

McGee v. Whit-Mart, Inc. · filed 2006-07-03(6)

On or about December 6, 1996 and February 2, 1997, the plaintiff sustained compensable injuries by accident arising out of and in the course of her employment with Defendant. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Under subsection (6), a back injury from a supervisor suddenly driving away while the employee leaned into the vehicle is an injury by accident arising out of and in the course of employment.

Mattison v. Mangum Group, Inc. · filed 2006-07-11(6)

On June 4, 2003, Plaintiff sustained an injury by accident, arising out of and in the course of his employment with Defendant-Employer when he twisted his back due to his supervisor's sudden driving off while Plaintiff was leaning into the window of the vehicle.
Read the full opinion on CourtListener →

A compensable back injury under § 97-2(6) requires competent evidence linking the work accident to the injury; testimony that the accident could have worsened back pain is insufficient.

Gore v. Myrtle/Mueller · filed 2006-07-18(6)

Dr. Hodgson's testimony that, under the hypothetical presented, plaintiff's injury could have exacerbated her back pain is insufficient to satisfy the requirement of sufficient competent evidence tending to show a proximate causal relation between the accident and the injury. Therefore, the Industrial Commission erred in concluding that the January or March accident caused plaintiff's back pain.
Read the full opinion on CourtListener →

Under subsection (6), an injury by accident is compensable when the greater weight of the evidence shows that it arose out of and in the course of employment.

White v. Meridian Automotive · filed 2006-07-19(6)

In the instant case, plaintiff has presented sufficient evidence to show by its greater weight that he sustained an injury by accident arising out of and in the course of the employment on July 14, 2003. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) does not provide compensation for an injury by accident that does not arise out of or occur in the course of employment.

Rizk v. Rex Healthcare · filed 2006-07-27(6)

The plaintiff did not suffer a compensable injury by accident or occupational disease arising out of or occurring in the course of her employment with the defendant-employer.
Read the full opinion on CourtListener →

Under § 97-2(6), an injury sustained while carrying out usual duties in the usual way under normal working conditions is not an injury by accident.

Kinney v. Sea Trail Corporation · filed 2006-08-17(6)

An injury that occurs under normal working conditions is not considered an accident. ... Thus, plaintiff did not sustain an injury by accident or specific traumatic incident arising out of and in the course of her employment with defendant-employer on July 30, 2003.
Read the full opinion on CourtListener →

Section 97-2(6) requires proof that a claimed injury by accident or specific traumatic incident arose out of and in the course of employment.

Holmes v. Iga · filed 2006-08-18(6)

Plaintiff has failed to prove that she suffered a compensable injury by accident or specific traumatic incident arising out of and in the course of her employment with Defendant-Employer. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires a claimant to prove increased risk for an insect bite to qualify as a compensable injury by accident.

Kashino v. Carolina Vet. Specialists Medical Serv. · filed 2006-08-22(6)

In order for an injury to be compensable under the Workers' Compensation Act, it must be the result of an accident arising out of and in the course of employment. N.C. Gen. Stat. § 97-2 (6). Plaintiff must prove increased risk in order for an insect bite to be a compensable injury by accident.
Read the full opinion on CourtListener →

Section 97-2(6) treats conditions directly caused by a compensable injury by accident as part of that injury.

Sampson v. Pilkington North America, Inc. · filed 2006-09-05(6)

On March 12, 2001, plaintiff sustained an admittedly compensable injury by accident and, as a result, plaintiff sustained severe concussion with post-concussion syndrome, depression, personality change, post-traumatic stress disorder, memory problems, post-traumatic migraines, post-traumatic Parkinson's disease, spinal cord contusion with permanent residual, spinal cord compression, post-traumatic vertigo, right knee injury, ulnar neuropathy, debilitating pain, and loss of function. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Hatcher v. Menlo Worldwide Forwarding · filed 2006-09-19(6)

Plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant employer on or about September 11, 2003. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an accidental injury sustained while performing assigned work.

Clark v. Lockyear · filed 2006-09-19(6)

On July 8, 2004, Plaintiff sustained an injury by accident arising out of and in the course of his employment with Defendant. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Gray v. a S Builders, Inc. · filed 2006-10-06(6)

On May 8, 2001, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer, resulting in injuries to his left leg and left arm. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2 requires a claimant to prove that the claimed condition resulted from an accident arising out of and in the course of employment.

Mullenski v. Wake County Public School System · filed 2006-10-27(6)

Plaintiff has failed to prove that her condition is the result of an accident arising out of and in the course of employment with defendant. N.C. Gen. Stat. § 97-2 .
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury by accident to result from an interruption of the employee’s normal work routine by unusual conditions likely to produce unexpected consequences.

Briley v. All About Flowers, Inc. · filed 2006-10-31(6)

Plaintiff did not prove by the greater weight of the evidence that she sustained an injury on March 9, 2004 that resulted from an interruption of her normal work routine by the introduction of unusual conditions likely to result in unexpected consequences. Therefore, Plaintiff did not sustain an injury by accident arising out of or in the course of her employment with Defendant on March 9, 2004.
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury by accident to involve an unusual or unexpected event; an injury during ordinary job duties performed in the usual way does not qualify.

Evans v. Wilora Lake Healthcare · filed 2006-11-21(6)

Nothing in the record indicates plaintiff was performing unusual or unexpected job duties. Plaintiff did not testify her actions on either 5 May 2003 or 20 May 2003 required unexpected, unusual, or extreme exertion.
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury by accident arising out of and in the course of employment, including a back injury caused by a specific traumatic incident of the work assigned.

Moore v. Drywall · filed 2006-11-22(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant in the form of a specific traumatic incident or otherwise on September 5, 2003.
Read the full opinion on CourtListener →

Section 97-2(6) generally requires an injury to result from an accident to be compensable, except for back injuries and hernias.

Curtis v. Wal-Mart Stores · filed 2006-12-13(6)

Except for back injuries and hernias, in order for an injury to be compensable under the North Carolina Workers' Compensation Act, it must be the result of an accident. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An injury arises out of employment when an employment risk combines with an employee's idiopathic condition to cause the injury.

Billings v. General Parts · filed 2006-12-14(6)

However, an injury arises out of the employment if the employee's idiopathic condition combines with "risk(s) attributable to the employment" to cause the injury. ... The risk of driving a truck aggravated, accelerated, or combined with plaintiff's pre-existing condition to produce his injury.
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident arising out of and in the course of employment when the claimed condition resulted from that accident; an unrelated condition is excluded.

Kuni v. Crow Creek Golf Club · filed 2006-12-22(6)

On January 19, 2002, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer that resulted in injuries to his hip and back but not to his right knee, which was the result of a non-work related condition. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Except for back injuries and hernias, an injury is compensable under Section 97-2(6) only if it results from an accident, which requires an interruption of the usual work routine and unusual conditions.

Glover v. Target Corporation · filed 2007-01-08(6)

Except for back injuries and hernias, in order for an injury to be compensable under the Workers' Compensation Act, it must be the result of an "accident".
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury by accident or a specific traumatic incident arising out of and in the course of employment.

Buchanan v. King Hickory Furniture · filed 2007-01-08(6)

Plaintiff did not sustain an injury by accident or specific traumatic incident arising out of and in the course of his employment.
Read the full opinion on CourtListener →

Section 97-2(6) treats an assault at work as an injury by accident when it causes physical injuries and emotional conditions such as anxiety, post-traumatic stress disorder, and depression.

D'Aquisto v. Mission St. Joseph's Health Sys. · filed 2007-01-29(6)

On April 30, 2001, plaintiff suffered an injury by accident when she was assaulted on the premises of defendant Mission St. Joseph Health System. As a direct result, plaintiff sustained emotional injuries that include acute anxiety, post-traumatic stress disorder and depression, and also sustained physical injuries that include aggravation of her fibromyalgia-type pain. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires an injury by accident to involve an interruption of the usual work routine and unusual conditions; an injury during customary duties performed in the usual way does not qualify.

Molina v. Alex Lee, Inc. · filed 2007-02-02(6)

An "accident" must involve more than merely carrying on the usual and customary duties in the usual way, but rather involves the interruption of the work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences.
Read the full opinion on CourtListener →

Section 97-2(6) covers injuries causally resulting from an accident arising out of and in the course of employment, but excludes a bodily condition unrelated to that accident.

Clark v. Corning Glass, Inc. · filed 2007-02-02(6)

1. On September 5, 2001, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6). As the direct and natural result of, and causally related to her September 5, 2001 injury by accident, plaintiff sustained injuries to her left shoulder and neck. Id. Plaintiff did not sustain an injury by accident or a specific traumatic incident to her low back as the result of her September 5, 2001 injury by accident. Id.
Read the full opinion on CourtListener →

An employee who steps on a nail while working sustains an injury by accident arising out of and in the course of employment.

Smith v. Waste Management · filed 2007-02-02(6)

The plaintiff sustained an injury by accident arising out of and in the course of the employment on September 26, 2002.N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers a back injury caused by a specific traumatic incident arising out of and in the course of employment as an injury by accident.

Gunter v. Consolidated Diesel · filed 2007-02-02(6)

On or about January 2, 2002, plaintiff sustained an injury by accident as a result of a specific traumatic incident arising out of and in the course of his employment with defendant-employer, when he was lifting an air compressor unit, resulting in injury to his back.
Read the full opinion on CourtListener →

Section 97-2(6) requires a compensable injury to be caused by an accident arising out of and in the course of employment.

Davis v. Chatlee Sporting Goods · filed 2007-02-02(6)

For an injury to be compensable, it must be an injury by accident arising out of and in the course of the employment. N.C. Gen. Stat. § 97-2 (6). Plaintiff has shown that he sustained an injury by accident to his lower back on August 15, 2002, for which he received same-day treatment.
Read the full opinion on CourtListener →

Section 97-2(6) requires a compensable neck injury to result from an accident or specific traumatic incident arising out of and in the course of employment.

Dendy v. North Carolina Baptist Hospital · filed 2007-02-06(6)

Plaintiff did not sustain a compensable injury by accident or specific traumatic incident to her neck arising out of and in the course and scope of her employment with defendant on or about January 24, 2002. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

An unexpected personnel action outside the normal work routine can constitute an injury by accident under § 97-2(6) when it causes a psychological injury arising out of and in the course of employment.

Bursell v. General Electric Co. · filed 2007-02-06(6)

An injury is compensable under the North Carolina Workers' Compensation Act if: (1) it is caused by an "accident;" and (2) the accident arises out of and in the course of employment. N.C. Gen. Stat. § 97-2 (6) (2003). ... Plaintiff has shown by the greater weight of the evidence that the sudden, unexpected meeting with Ms. Hughes, being unexpectedly and falsely accused of stealing computers and his subsequent "crisis suspension" resulting in the development of his major depression with obsession constituted an injury by accident.
Read the full opinion on CourtListener →

Section 97-2(6) treats a back strain caused by a workplace forklift collision as a compensable injury by accident arising out of and in the course of employment.

Cruz v. Knitwear, Inc. · filed 2007-02-07(6)

Plaintiff sustained a compensable injury by accident, in the form of a lumbar-strain-sprain to the back, arising out of and in the course of his employment with Defendants on May 25, 1999. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires a compensable injury by accident to arise out of and in the course of employment.

Cannon v. Mission Hosp. · filed 2007-02-13(6)

Plaintiff did not sustain a third compensable injury by accident arising out of and in the course of her employment with defendant in 2004. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires a compensable injury to result from an accident arising out of and in the course of employment.

McDaniel v. City of Rocky Mount · filed 2007-02-13(6)

In order for an injury to be compensable under the Workers' Compensation Act, it must be the result of an accident arising out of and in the course of employment. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) requires proof that a specific traumatic incident caused the claimed injury; proof that the incident occurred alone does not establish a compensable injury.

Wright v. Wal-Mart Stores · filed 2007-02-16(6)

Although plaintiff did sustain a specific traumatic incident of the work assigned on February 14, 2003, she did not prove that the incident resulted in a neck injury or that the cervical spine condition with which she was subsequently diagnosed was a proximate result of the incident.
Read the full opinion on CourtListener →

Section 97-2(6) covers a specific traumatic incident arising out of and in the course of employment as an injury by accident.

Honeycutt v. Brookwood Investments · filed 2007-02-20(6)

On July 15, 2003, plaintiff sustained an injury by accident or specific traumatic incident arising out of and in the course of her employment with defendant, when she injured her neck while cleaning out the stock room shelves.
Read the full opinion on CourtListener →

Section 97-2(6) requires a causal connection between a compensable injury by accident and a later condition claimed to result from it.

Russ v. N.C. Dept. of Transportation · filed 2007-02-21(6)

There is insufficient evidence of record upon which to conclude that plaintiff's depression or her cervical disc herniation, hip, low back and continued right shoulder pain are the direct and natural result of or causally related to her January 24, 2002 injury by accident. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) generally requires an injury to result from an accident to be compensable, except for back injuries and hernias.

Morris v. Coastal Dragline Services · filed 2007-03-12(6)

With the exception of back injuries and hernias, in order for an injury to be compensable under the Workers' Compensation Act, it must be the result of an "accident". N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) covers an injury by accident at work that materially exacerbates a pre-existing condition.

Brammer v. Freedom Comm. · filed 2007-03-20(6)

1. Plaintiff sustained a compensable injury by accident on June 13, 2002, when she slipped and fell on a newspaper while in the course and scope of her employment on the premises of her employer, which resulted in injury to her buttocks and back. N.C. Gen. Stat. § 97-2 (6). Further, as a result of her compensable injury on June 13, 2002, Plaintiff materially exacerbated her pre-existing back condition. Id.
Read the full opinion on CourtListener →

Section 97-2(6) covers an unexpected engine fire and emergency landing during a flight attendant’s work as an injury by accident arising out of and in the course of employment.

Wieland v. US Airways · filed 2007-03-20(6)

On February 3, 2000, plaintiff was involved in an "unexpected, unusual or undesigned occurrence" arising out of and in the course of her employment as a flight attendant, when the plane's engine caught on fire and had to be shut down, resulting in an emergency landing. Edwards v. Publishing Co. , 227 N.C. 184 , 186 , 41 S.E.2d 592 , 593 (1947). This event constitutes a compensable injury by accident arising out of and in the course of plaintiff's employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Section 97-2(6) treats a back injury caused by a specific traumatic incident of assigned work, arising out of and in the course of employment, as a compensable injury by accident.

Kirkland v. Continental Tire · filed 2007-03-22(6)

On May, 19, 2005, as plaintiff lifted a tire, she sustained a compensable injury by accident to her back as a result of a specific traumatic incident of the work assigned, arising out of and in the course of her employment with defendant. N.C. Gen. Stat. § 97-2 (6).
Read the full opinion on CourtListener →

Notes 1351–1500 of 3,404, oldest cases first.

Which of these rulings fit your facts?

Describe your situation under N.C. Gen. Stat. § 97-2. Ezel checks it against the cases on this page and answers with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace