N.C. Gen. Stat. § 97-2

Section 97-2(6) treats an injury caused by extra or unusual exertion as an injury by accident when the exertion constitutes an unforeseen or unusual event or condition.

Khalaf v. Wal-Mart Stores, Inc. · filed 2009-02-20(6)

It is settled law in North Carolina that the "injury by accident" requirement of N.C. Gen. Stat. § 97-2 (6) can be satisfied when a plaintiff is injured due to an extra or unusual degree of exertion, in that this can constitute an unforeseen or unusual event or condition.

An injury from a vehicle collision during employment can be a compensable injury by accident arising out of and in the course of employment under § 97-2(6).

Pulley v. Eastern Medical Transport · filed 2009-02-25(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course of employment with defendant.

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

Woodruff v. N.C. Department of Juvenile Justice · filed 2009-02-26(6)

Plaintiff was not injured as a result of an accident arising out of and in the course of his employment, and therefore his workers' compensation claim is not compensable.

Section 97-2(6) treats an injury as an injury by accident when it occurs during a specific work duty that exceeds the employee’s regular work routine.

Rajaniemi v. Cc Flooring, Company · filed 2009-02-26(6)

1. Plaintiff performed a specific work duty that he had never performed previously which exceeded his regular work routine when he was required to unload more than 20 boxes of wood flooring, each weighing 50 pounds apiece, and carry each box for over 200 feet and up three steps and over a threshold. See Calderwood v. Charlotte-Mecklenburg Hosp. Auth. , 135 N.C. App. 112 , 519 S.E. 2d 61 (1999). Given that plaintiff had exceeded his regular work routine, and given that plaintiff had never performed this specific work duty previously, the Full Commission concludes that plaintiff's right Achilles tendon injury was the result of an injury by accident occurring within the course and scope of his employment with defendant-employer on June 26, 2007. Id. 2. Plaintiff has shown by the greater weight of the evidence that he sustained an injury by accident arising out of and in the course of his employment with defendant-employer on June 26, 2007. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers an injury by accident arising out of and in the course of employment, including injuries to the cervical, thoracic, and lumbar spine caused by that accident.

Carey v. Norment Security Industries · filed 2009-02-27(6)

On April 30, 2004, plaintiff sustained an admittedly compensable 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 result of the compensable injury by accident, plaintiff sustained injuries to his cervical, thoracic and lumbar spine.

Section 97-2(6) treats physical injuries caused by an accident at work as compensable injuries by accident.

Polson v. Star Leasing Co., Inc. · filed 2009-03-04(6)

Plaintiff sustained compensable injuries by accident at work on August 31, 2006, resulting in injuries to his left hip, left knee, and left foot. N.C. Gen. Stat. § 97-2 (6).

A teacher pushed to the ground by a student while breaking up a fight suffers an injury by accident under § 97-2(6).

Massey v. Franklin County Schools · filed 2009-03-06(6)

Plaintiff suffered an injury by accident on September 18, 2006. N.C. Gen. Stat. § 97-2 (6).

An injury by accident under § 97-2(6) requires more than performing usual job duties in the usual way.

Townes v. Britthaven, Inc. · filed 2009-03-09(6)

To be compensable, an injury by accident must involve more than the carrying on of the usual and customary duties in the usual way to justify an award of compensation.

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

Armistead v. Pizzagalli Construction Co. · filed 2009-03-11(6)

Plaintiff sustained a compensable injury by accident or a specific traumatic incident arising out of and in the course and scope of his employment with Defendant on January 10, 2007. N.C. Gen. Stat. § 97-2 (6) (2007).

Section 97-2(6) treats a disc herniation caused by a workplace fall as a compensable injury by accident, along with an accompanying hip fracture.

Llull v. Rose Furniture · filed 2009-03-11(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course and scope of her employment with Defendant-Employer on June 7, 2004, resulting in a fracture to her left hip, as well as a foraminal and extra-foraminal disc herniation at the L4-L5 level of the spine.

Section 97-2(6) requires competent evidence that the alleged workplace accident caused the claimed injury.

Lyons v. Mecklenburg Emergency Medical Agency · filed 2009-03-12(6)

There must be competent evidence to support the inference that the accident in question resulted in the injury complained of. ... Plaintiff did not suffer an injury by accident pursuant to N.C. Gen. Stat. § 97-2 (6) on December 5, 2006 or an occupational disease pursuant to N.C. Gen. Stat. § 97-53 as a result of his employment with defendant-employer.

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

Watson v. Conagra Foods · filed 2009-03-16(6)

Plaintiff has failed to prove that he has sustained a compensable injury by accident arising out of and in the course of his employment. N.C. Gen. Stat. § 97-2 (6).

Routine long-distance driving does not establish an injury by accident under § 97-2(6), and a claimed vehicle malfunction must be causally linked to the injury.

Howard v. N.C. Dept. of Health and Human Services · filed 2009-03-19(6)

To the extent Plaintiff presented some evidence that riding for long periods of time in a car is a risk factor for DVT, and her job required her to drive long distances, such evidence alone does not establish that she sustained an injury by accident because driving long distances was a part of her regular work routine, and also the medical evidence does not establish that the malfunctioning accelerator during her long drive on April 3, 2007 led to development of the DVT.

A traumatic mental injury caused by an armed robbery at work qualifies as a compensable injury by accident.

Clyde v. Wilco Hess Store · filed 2009-03-26(6)

Plaintiff sustained a compensable, traumatic mental injury by accident arising out of and in the course and scope of her employment with Defendant-Employer as a result of being robbed on August 28, 2007.

Section 97-2 treats a truck driver’s injury caused by a gust of wind slamming a truck hood on him while he checked the truck as a compensable injury by accident.

Maines v. J. Bentley Companies, Inc. · filed 2009-03-30(6)

On June 18, 2003, Plaintiff sustained a compensable injury to his neck and shoulder when he raised the hood of his truck to check for a problem and a gust of wind caught the hood causing it to fall on him. N.C. Gen. Stat. § 97-2 .

Section 97-2(6) treats a worker’s hip injury from slipping on ice in the employer’s parking lot while arriving for work as a compensable injury by accident.

Hill v. Walgreen Co. · filed 2009-04-03(6)

On February 28, 2005, Plaintiff sustained a compensable injury by accident when she slipped on ice and fell in the parking lot while exiting her car when coming to work, injuring her right hip.

Section 97-2(6) covers cervical and back conditions causally resulting from a compensable injury by accident.

Little v. Interstate Brands Corp. · filed 2009-04-27(6)

Plaintiff's cervical and back conditions are a result of plaintiff's compensable injury by accident on September 25, 2006. N.C. Gen. Stat. § 97-2 (6); Booker v. Medical Center , 297 N.C. 458 , 256 S.E.2d 189 (1979).

Section 97-2(6) covers a worker’s fall from a collapsed roof during employment as a compensable injury by accident arising out of and in the course of employment.

Holman v. Bowman Business Associates, Inc. · filed 2009-04-28(6)

On October 3, 2006, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment when he fell 15 feet from a collapsed roof.

Section 97-2(6) requires an injury to result from an accident arising out of and in the course of employment; performing customary duties in the usual way without an unexpected event does not qualify.

Atkinson v. United Parcel Service · filed 2009-05-05(6)

She performed her customary duties in the usual way and there was no unlooked for or untoward event that would constitute an "accident" under the Act. N.C. Gen. Stat. § 97-2 (6); Harding v. Thomas Howard Co., supra; Click v. Freight Carriers, supra. Therefore, plaintiff did not sustain a compensable injury by accident on January 19, 2007.

Section 97-2(6) covers a specific traumatic incident at work that materially exacerbates a pre-existing, non-disabling back condition.

Wall v. Commscope, Inc. · filed 2009-05-05(6)

On July 27, 2006 and August 7, 2006, plaintiff sustained injuries by accident arising out of and in the course of her employment with defendant-employer in the form of specific traumatic incidents of the work assigned. N.C. Gen. Stat. § 97-2 (6). As the direct and natural result of and causally related to her July 27, 2006 and August 7, 2006 injuries by accident, plaintiff sustained a material exacerbation of her pre-existing, non-disabling back condition. Id.

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

Brown v. Kvs Construction · filed 2009-07-16(6)

On July 17, 2007, 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).

Section 97-2(6) covers an injury by accident that causes a cervical condition or materially accelerates or aggravates a preexisting non-disabling condition.

Dowling v. Morris · filed 2009-07-27(6)

This compensable injury by accident caused Plaintiff's current cervical condition or materially accelerated or aggravated a preexisting non-disabling condition. N.C. Gen. Stat. § 97-2 (6); Brown , supra .

Section 97-2(6) covers lung injury caused by heavy dust inhalation during an unusual work assignment as a compensable injury by accident.

Blalock v. Southeastern Material · filed 2009-08-13(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course and scope of his employment, causing injury to his lungs on or about October 21 through October 22, 2005, due to heavy inhalation of dust from cinder blocks. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats an injury caused by an unexpected interruption of the employee’s normal work routine, arising out of and in the course of employment, as a compensable injury by accident.

Washington v. Polymer Group, Inc. · filed 2009-08-14(6)

On or about July 28, 2005, plaintiff sustained a compensable injury by accident to the right knee arising out of and in the course of her employment with defendant-employer when her right knee popped causing pain while pushing and pulling on a stuck doffing table. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires a causal connection between a workplace injury by accident and later conditions for which benefits are sought.

Hunter v. Cards · filed 2009-08-17(6)

There insufficient lay and medical evidence of record upon which to conclude that the conditions for which plaintiff began to seek treatment for in February 2008 were the direct and natural result of or causally related to plaintiff's 18 December 2006 injury by accident.

Section 97-2(6) requires an employee seeking workers' compensation benefits to prove an injury by accident arising out of and in the course and scope of employment.

Swann v. Stock Building Supply · filed 2009-08-18(6)

In order for an employee to be entitled to workers' compensation benefits, he must prove that an injury by accident occurred, which arose out of and in the course and scope of his employment.

Section 97-2(6) requires an unexpected event preceding and causing the injury; an employee’s intentional act to recover a stuck item is not an accident.

Adams v. Neuwirth Motors · filed 2009-08-18(6)

Plaintiff's rocking of the snack machine, while it may have been "a separate event preceding and causing the injury," was not an "accident" because it was not "an unlooked for and untoward event not expected or designed by the employee." ... Because Plaintiff has failed to show that he suffered an "injury by accident arising out of and in the course of [his] employment," Plaintiff's claim for benefits pursuant to the Worker's Compensation Act must fail. N.C. Gen. Stat. § 97-2 (6).

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

Steele v. Lomma, 635528 (Ncic 25-8-2009) · filed 2009-08-25(6)

Having considered all of the evidence of record, resolving the conflicts and weighing the probative weight of the credible evidence, the Plaintiff has failed to carry the burden of proof that he sustained an injury by accident on February 17, 2006. N.C. Gen. Stat. § 97-2 (6).

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

Fortune v. Johnson Concrete Company · filed 2009-08-31(6)

On April 27, 2006, plaintiff sustained a compensable injury by accident to his left foot/ankle, arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).

An injury by accident under subsection (6) includes a work incident that interrupts the employee’s regular routine and introduces unusual conditions likely to produce unexpected consequences.

Bedsaul v. Cross Creek Apparel Co. · filed 2009-09-04(6)

Plaintiff's 18 November 2006 work incident constituted an interruption of his regular work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences. The Full Commission finds that based upon the greater weight of the evidence, on 18 November 2006, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer resulting in an injury to his left hand and wrist.

An assault arising out of and in the course of employment can be a compensable injury by accident under § 97-2(6), including resulting psychological injury.

Blakney v. Supported Living Youth · filed 2009-09-09(6)

On November 13, 2006, plaintiff sustained a compensable injury by accident arising out of and in the course of her employment with defendant-employer resulting in physical and psychological injuries.

Section 97-2(6) requires an injury by accident to involve a departure from the employee’s normal work routine or normal working conditions; injury during ordinary work alone is insufficient.

Pollard v. Triad Towing · filed 2009-09-28(6)

No matter how great the injury, if it is caused by an event that involved both an employee's normal work routine and normal working conditions it will not be considered to have been caused by accident.

Section 97-2 treats an injury from a fall at work as a compensable injury by accident.

Hyatt v. N.C. Department of Correction · filed 2009-09-29(6)

On November 2, 2006, Plaintiff sustained a compensable injury by accident. N.C. Gen. Stat. § 97-2 .

Section 97-2(6) requires a causal connection between a claimed condition and the compensable injury by accident for benefits to cover that condition.

Perez v. Clark · filed 2009-10-08(6)

The evidence of record is insufficient to establish that plaintiff's current back condition is causally related to the June 14, 2004 compensable injury by accident. Thus, plaintiff is not entitled to any benefits under the Act for his back condition. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats a workplace fall as an injury by accident when it interrupts the normal work routine and introduces conditions likely to produce unexpected consequences, if the injury arises out of and in the course of employment.

Reville v. N.C. Department of Correction · filed 2009-10-13(6)

On August 10 and 15, 2005, when Plaintiff fell while working for Defendant, Plaintiff suffered compensable injuries by accident to his back that arose out of and in the course of his employment with Defendant. The falls constituted interruptions of Plaintiff's normal work routines and the introduction thereby of conditions likely to result in unexpected consequences.

Section 97-2(6) covers a calf injury and a causally related knee injury sustained by accident arising out of and in the course of employment.

Hundley v. Southeastern Regional Medical Center · filed 2009-10-16(6)

1. On May 7, 2008, plaintiff sustained an injury by accident to her left calf and left knee arising out of and in the course of her employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).

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

Perry v. Packard · filed 2009-10-22(6)

On May 30, 2007, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer whereby he sustained a lower back injury as a specific result of the work assigned.

An unexplained fall is a compensable injury by accident when it occurs during work and is related to a risk or hazard of the employment.

Kincaid-Wininger v. Henderson County · filed 2009-10-29(6)

In this case, plaintiff's unexplained fall occurred while she was performing her job duties for the benefit of the employer while being exposed to the risks thereof. Therefore, plaintiff's fall arose out of his employment with defendant.

Section 97-2(6) covers a lower back injury proven by the greater weight of the evidence to have resulted from an accident at work.

Fussell v. Gca Production · filed 2009-11-18(6)

Plaintiff has proven by the greater weight of the evidence that he sustained an injury by accident to his lower back on or about December 16, 2007 in I.C. File No 883676. N.C. Gen. Stat. § 97-2 (6).

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

Perry v. Packard · filed 2009-11-19(6)

On May 30, 2007, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer whereby he sustained a lower back injury as a specific result of the work assigned. N.C. Gen. Stat. § 97-2 (6).

An injury by accident includes conditions that directly and naturally result from a compensable workplace accident.

Battle v. Wilson County Schools · filed 2009-12-14(6)

As the direct and natural result of and causally related to her admittedly compensable September 7, 2007 injury by accident, plaintiff sustained a right knee strain and neural foraminal compression at L4-L5 causing L5 nerve root irritation and subsequent sciatica.

Section 97-2(6) covers a condition that is the direct and natural result of a compensable injury by accident.

Sadeq v. Guilford County Schools · filed 2009-12-14(6)

Plaintiff has met her burden of proof by the credible lay and medical evidence of record that her left medial meniscus tear was the direct and natural result of and causally related to her October 25, 2007 admittedly compensable injury by accident. N.C. Gen. Stat. § 97-2 (6); Snead v. Mills, Inc. , supra.

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

Interiano v. Popan · filed 2009-12-14(6)

On November 21, 2007, Plaintiff sustained a compensable injury by accident, which arose out and in the scope of his employment with Arturo Sandoval. N.C. Gen. Stat. § 97-2 (6).

A workplace fall causing an ankle strain, sprain, or contusion qualifies as a compensable injury by accident under subsection (6).

Busque v. Mid-America Apartment Communities · filed 2009-12-18(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course and scope of her employment with defendant Mid-America on January 18, 2003 to her left ankle in the form of a strain/sprain/contusion. N.C. Gen. Stat. § 97-2 (6) (2007).

Section 97-2(6) treats a herniated disc caused by an accident arising out of and in the course of employment as a compensable injury.

Harrell v. General Electric · filed 2009-12-22(6)

Plaintiff has shown by the greater weight of the evidence that on February 9, 2005, he sustained a compensable injury which caused plaintiff's herniated L4-5 disc condition.

Section 97-2(6) covers an employee’s fall from a roof while working as an injury by accident arising out of and in the course of employment.

Cave v. Emerson Freight Systems, Inc. · filed 2009-12-22(6)

On June 27, 2007, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with Emerson Freight when he fell from a roof, landing ten feet below, thereby injuring his right wrist. N.C. Gen. Stat. § 97-2 (6).

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

Cory v. Debbies Staffing Services, Inc. · filed 2009-12-30(6)

The person claiming the benefit of compensation has the burden of showing that the injury complained of resulted from an injury by accident arising out of and in the course of employment. Henry v. Leather Co ., 231 N.C. 477 , 57 S.E.2d 760 (1950). Plaintiff failed to prove that she sustained a compensable injury by accident arising out of and in the course of the employment on 21 February 2008. N.C. Gen. Stat. § 97-2 (6).

An injury by accident requires an unexpected event separate from the injury, arising out of and in the course of employment.

Everett v. Carolina Masonry Unlimited · filed 2010-01-06(6)

An accident is an unlooked for and untoward event not expected or designed by the employee. An accident is not established by the mere fact of injury but is to be considered as a separate event preceding and causing the injury.

Section 97-2(6) treats a workplace injury caused by an unexpected interruption of the employee’s regular work routine as an injury by accident.

Brewer v. Oaks of Carolina · filed 2010-01-08(6)

On September 25, 2007, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer in which he sustained a right shoulder injury. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires an injury by accident to involve an interruption of the usual work routine and unusual conditions likely to produce unexpected consequences.

Reid v. Hospira, Inc. · filed 2010-01-20(6)

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

An unexpected misstep that interrupts an employee’s normal work routine can qualify as an injury by accident arising out of and in the course of employment under § 97-2(6).

Thomas v. Contract Core Drilling Sawing · filed 2010-01-21(6)

This misstep was an unexpected and unforeseen occurrence, constituting an unusual condition and interruption of plaintiff's normal work routine. ... Therefore, on October 4, 2007 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer.

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

Cory v. Debbies Staffing Serv., Inc. · filed 2010-01-22(6)

Plaintiff failed to prove that she sustained a compensable injury by accident arising out of and in the course of the employment on 21 February 2008. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats an injury by accident that aggravates a pre-existing low back condition as compensable.

Steelman v. Select Medical Corporation · filed 2010-01-25(6)

Plaintiff has shown that she sustained a compensable aggravation of her pre-existing low back condition in her injury by accident on November 22, 2006, and her low back condition is thus compensable.

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

Plyler v. Scott Technologies · filed 2010-02-03(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course and scope of her employment with Defendant-Employer on February 8, 2006 to her lower back and left lower extremity. N.C. Gen. Stat. § 97-2 (6) (2008).

Section 97-2(6) requires an unusual or untoward event for an injury by accident; performing ordinary job duties without such an event does not meet that requirement.

Nobles v. N.C. Dept. of Transportation · filed 2010-02-24(6)

Plaintiff did not describe anything unusual or untoward in the performance of his job on December 25, 2005 or July 26, 2007. The evidence shows that plaintiff was performing his job duties in the normal manner at all times. Consequently, he did not sustain an injury by accident for either of his claims.

An interruption of an employee’s regular work routine that introduces unusual conditions likely to cause unexpected consequences can constitute an injury by accident under § 97-2(6).

Steele v. Surry County · filed 2010-02-25(6)

Accordingly, the circumstances of plaintiff's injury on August 9, 2007 constituted an interruption of plaintiff's regular work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences. ... On August 9, 2007, 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).

An unusual work task that interrupts an employee’s normal routine and causes injury can qualify as an accident arising out of and in the course of employment under § 97-2(6).

Cummings v. Petsmart · filed 2010-02-26(6)

Dragging large buckets of gravel covered with bleach water 50 feet across the floor under the circumstances of this case constituted an interruption of plaintiff's routine of work and the introduction thereby of unusual conditions likely to result in unexpected consequences. The resulting injury was an accident under the Workers' Compensation Act and arose out of and in the course of her employment.

An accident arising out of and in the course of employment can cause a compensable injury when it makes a pre-existing degenerative disc condition symptomatic.

Trull v. Wal-Mart Associates, Inc. · filed 2010-03-05(6)

On December 26, 2007, Plaintiff sustained an injury by accident arising out of and in the course of his employment with the Defendant-Employer when he fell in the store, sustaining a concussion and cervical and lumbar strain, and aggravation of his pre-existing degenerative disc disease which became symptomatic.

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

Lewis v. New Hanover County Schools · filed 2010-03-11(6)

Plaintiff has failed to prove that she sustained a compensable injury by accident or specific traumatic incident arising out of and in the course of her employment on October 18, 2007.

Section 97-2(6) requires an employee claiming a back injury by accident or specific traumatic incident to prove a causal connection between the work incident and the injury.

Walker v. N.C. Department of Correction · filed 2010-03-17(6)

The medical evidence in this case does not establish a causal connection between Plaintiff's back symptoms and the October 23, 2007 work incident involving the inmate transfer. Therefore, Plaintiff has failed to prove by the greater weight of the competent evidence that on or about October 23, 2007, she sustained an injury by accident or specific traumatic incident arising out of and in the course of her employment with Defendant-Employer. Accordingly, Plaintiff's claim must be denied. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) does not treat the mere experience of pain as an injury by accident that excludes an occupational disease claim.

Cifelli v. U.S. Airways, Inc. · filed 2010-03-18(6)

Defendants' argument that Plaintiff experienced an "injury by accident" under N.C. Gen. Stat. § 97-2 (6) to the exclusion of an "occupational disease" theory under N.C. Gen. Stat. § 97-53 , is not valid after a thorough review of the entire record and the deposition testimony of Dr. Burroughs, and controlling legal authority that does not equate the mere experience of pain with an injury.

Section 97-2(6) covers a work-related injury by accident that aggravates a pre-existing condition.

Smith v. Providence Service Corp. · filed 2010-03-22(6)

On June 5, 2007, plaintiff sustained a compensable injury by accident arising out of and in the course of her employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6). As the result of the compensable injury by accident, plaintiff sustained multiple injuries, including an injury to her left elbow and the aggravation of plaintiff's pre-existing right ankle condition.

A worker who slips and falls while carrying out job duties sustains a compensable injury by accident under § 97-2(6).

James v. Carolina Staffing Home Health · filed 2010-03-23(6)

Plaintiff suffered a compensable injury by accident to his head, back, and neck on December 13, 2008. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a fall at work that causes a new knee injury and aggravates a pre-existing knee condition.

King v. Beverly Enterprises · filed 2010-03-23(6)

On or about August 19, 2005, Plaintiff sustained an injury by accident arising out of and in the course and scope of her employment with Defendant-Employer when she fell from a chair and twisted her left knee, resulting in a meniscus tear of her left knee and an aggravation of her pre-existing chondromalacia.

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

Hadley v. Childrens Castle Child Care Center · filed 2010-03-29(6)

In the present case, plaintiff failed to establish by the greater weight of the evidence that she sustained a fall resulting in an injury during the course and scope of her employment with defendant-employer on February 14, 2008.

An injury is compensable under the Workers’ Compensation Act only if it results from an accident arising out of and in the course of employment.

Poole v. Duke University · filed 2010-03-29(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.

Section 97-2(6) covers a work-related incident that exacerbates preexisting depression and anxiety as a compensable injury by accident.

Harrison v. N.C. Department of Crime Control · filed 2010-03-31(6)

Plaintiff suffered a compensable injury by accident as a result of his employment with Defendant-Employer on August 8, 2007. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) excludes a later condition from a compensable injury by accident when the condition did not result from that injury.

Ward v. N.C. Cooperative Extension Services · filed 2010-03-31(6)

On April 7, 2006 Plaintiff sustained an admittedly compensable injury by accident resulting in a cervical strain. However, any depression Plaintiff experienced thereafter is not as a result of this injury. N.C. Gen. Stat. § 97-2 (6).

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

Quick v. N.C. Department of Transportation · filed 2010-04-08(6)

Plaintiff sustained a compensable injury to his neck as a result of an accident arising out of an in the course of his employment with Defendant which occurred on October 11, 2007. N.C. Gen. Stat. § 97-2 (6).

An unexpected head strike while cleaning a workstation is an injury by accident arising out of and in the course of employment under § 97-2(6).

Taylor v. Inmar · filed 2010-04-13(6)

On May 31, 2007, Plaintiff sustained an injury by accident arising out of and in the course of her employment when she unexpectedly struck her head on a beam while cleaning her workstation. N.C. Gen. Stat. § 97-2 (6).

A soft tissue injury to the leg sustained by accident arising out of and in the course of employment qualifies as an injury under subsection (6).

Johnson v. Old Dominion Freight Line · filed 2010-06-04(6)

Plaintiff sustained an injury by accident arising out of and in the course of his employment on May 24, 2007, which injury consisted of a soft tissue injury to his lower right leg. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a muscle strain caused by a work-related incident as a compensable injury by accident.

Coogan v. Autumn Corp. · filed 2010-06-25(6)

Plaintiff has shown that she sustained a compensable injury by accident on August 21, 2008. Specifically, Plaintiff has shown that her levator scapulae muscle strain was caused by the August 21, 2008 work-related incident and is compensable. N.C. Gen. Stat. § 97-2 (6).

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

Hawkins v. a M Auto Body · filed 2010-07-02(6)

Plaintiff sustained an injury by accident arising out of and in the course of his employment on August 11, 2008. N.C. Gen. Stat. § 97-2 (6) (2009).

An unexpected interruption of normal work duties that causes a back injury qualifies as an injury by accident under § 97-2(6).

Nigrelli v. Staff Masters · filed 2010-07-06(6)

Based upon a review of the evidence in its entirety, it is determined that Plaintiff has shown by the greater weight of the evidence that on April 18, 2008, he experienced an interruption of his normal work duties which was unexpected and resulted in injury to his back. ... On April 18, 2008, Plaintiff sustained an injury by accident to his back arising out of and in the course of his employment with Defendant. N.C. Gen. Stat. § 97-2 (6).

Section 97-2 treats an injury by accident arising out of and in the course of employment as a compensable injury.

Dowd v. Dubose International · filed 2010-07-09(6)

On May 24, 2007, Plaintiff suffered a compensable injury by accident arising out of and in the course and scope of his employment with Defendant in that he sustained an injury to his head, spine, shoulders, and arms. N.C. Gen. Stat. § 97-2 .

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

Stephan v. Ruddick Corp. · filed 2010-07-12(6)

Plaintiff sustained an injury by accident while in the course and scope of the employment with defendant-employer in which he injured his shoulder, head, and neck on August 9, 2007. N.C. Gen. Stat. § 97-2 (6).

An injury is compensable under § 97-2(6) only if it results from an accident arising out of and in the course of employment.

Lester v. Horizon Publications Inc. · filed 2010-09-09(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).

A back injury sustained while restraining a dog that tried to escape its cage qualifies as a compensable injury by accident.

Steinman v. Cumberland County · filed 2010-09-14(6)

Plaintiff suffered a compensable injury by accident to his back on June 22, 2008. N.C. Gen. Stat. § 97-2 (6).

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

Rawls v. Yellow Roadway Corporation · filed 2010-09-28(6)

On February 24, 2005, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant.

An interruption of the regular work routine that introduces unusual conditions likely to cause unexpected consequences can qualify as an injury by accident arising out of and in the course of employment.

Barber v. Air Specialties of Pinehurst, Inc · filed 2010-09-30(6)

The Full Commission finds that the circumstances of plaintiff's injury on March 25, 2009 constituted an interruption of his regular work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences. Thus, the Full Commission finds that plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer involving his left arm and wrist on March 25, 2009.

Section 97-2(6) treats injuries from a truck crash as an injury by accident arising out of employment when a driver suffers syncope or a stroke while operating the truck in the course of his work.

Rawls v. Yellow Roadway Corp. · filed 2010-10-20(6)

Plaintiff was acting in the course of his employment and the injury followed because of either an episode of syncope, or stroke, and the position of plaintiff operating the tractor trailer truck when this occurred. ... On February 24, 2005, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant.

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

Shaw v. Halifax County · filed 2010-10-28(6)

On April 15, 2005, plaintiff sustained an injury by accident and/or specific traumatic incident to her back arising out of and in the course of her employment with defendant-employer (first accident) . N.C. Gen. Stat. § 97-2 (6).

A back injury by accident arising out of and in the course of employment is compensable under § 97-2(6).

Richards-Mouyos v. O E Enterprises · filed 2010-11-02(6)

On March 24, 2008, Plaintiff sustained a compensable injury by accident arising out of and in the course of her employment with Defendant-Employer to her back. N.C. Gen. Stat. § 97-2 (6) (2009).

An injury arising from normal work activities and conditions does not qualify as an injury by accident under § 97-2(6).

Hicks v. Transit Management of Asheville · filed 2010-11-04(6)

Plaintiff has also failed to meet his burden of proving an injury by accident as plaintiff's work activities on July 22, 2008, fall within his normal work routine and normal working conditions.

An extra or unusual degree of exertion can satisfy the injury-by-accident requirement when it creates an unforeseen or unusual event or condition.

Outlaw v. Cherry Hospital · filed 2010-11-05(6)

It is settled law in North Carolina that the "injury by accident" requirement of N.C. Gen. Stat. § 97-2 (6) can be satisfied when a plaintiff is injured due to an extra or unusual degree of exertion, in that this can constitute an unforeseen or unusual event or condition.

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

Fuhrman v. Goodwill Indu. of East. North Car. · filed 2010-11-05(6)

Plaintiff sustained an injury by accident arising out of and in the course of the employment on September 6, 2008. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers an injury sustained while walking to work on the employer’s premises by a reasonable route.

Snead v. Harbour Group Management Company · filed 2010-11-16(6)

2. Plaintiff was on the premises of her employer when she fell going to work on November 24, 2008, and was within the course and scope of her employment. Stanley v. Burns Int'l Sec. Servs. , 161 N.C. App. 722 , 589 S.E.2d 176 (2003). 3. Plaintiff's route to work on the morning of November 24, 2008, was not unreasonable and thus does not negate the application of the premises exception to the coming and going rule. Arp v. Parkdale Mills, Inc. , 150 N.C. App. 266 , 563 S.E.2d 62 (2002). 4. Plaintiff suffered an injury to her spine and hip arising out of and in the course of her employment with Defendant-Employer on November 24, 2008. N.C. Gen . Stat. § 97-2 (6).

An incident during normal job duties without an interruption of the work routine is not an accident under § 97-2(6).

Longo v. Vt Specialized Vehicles Corp. · filed 2010-11-22(6)

The March 5, 2008 incident at work Plaintiff described when he experienced a "pop" in his left shoulder while lifting a part overhead did not constitute an accident within the meaning of the Workers' Compensation Act. This occurred while Plaintiff was performing a normal part of his job routine and not as the result of any interruption of his work routine. Therefore, Plaintiff did not sustain an accident on March 5, 2008. N.C. Gen. Stat. § 97-2 (6).

An injury sustained in a vehicle collision while the employee is working arises out of and in the course of employment and is an injury by accident under § 97-2(6).

Brown v. N.C. Dept. of Corre. · filed 2010-11-29(6)

On January 25, 2005, plaintiff suffered an injury by accident arising out of and in the course of his employment with defendant-employer, resulting in injuries to his head, inner ears (tinnitus) and neck along with suffering loss of hearing when the vehicle he was driving was struck by another vehicle. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a compensable back injury by accident sustained in the course of employment.

Parrish v. Gobain · filed 2010-11-29(6)

Plaintiff suffered a compensable injury by accident to his back on June 19, 2006. N.C. Gen. Stat. § 97-2 (6).

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.

Franks v. All Coast Intermodal Services · filed 2010-12-02(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).

An accident under § 97-2(6) requires an interruption of the usual work routine and unusual conditions likely to produce unexpected consequences; performing customary duties in the usual way does not qualify.

Latham v. N.C. Department of Correction · filed 2010-12-15(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. ... Plaintiff did not sustain a compensable injury by accident arising out of and in the course of her employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) defines an injury by accident to require an interruption of the usual work routine that introduces unusual conditions likely to result in unexpected consequences.

Goodwin v. South River-Merrimon Fire Ems · filed 2010-12-20(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.

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

Alawar v. North · filed 2010-12-20(6)

On May 6, 2003, plaintiff sustained a lumbar spine injury as a result of an accident arising out of and in the course of his employment with defendant. N.C. Gen. Stat. § 97-2 (6).

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

Everette v. Blythe Development Company · filed 2010-12-22(6)

On May 1, 2007, Plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with Defendant-Employer. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers an injury by accident when an unexpected misstep interrupts the work routine and injures an employee responding to an emergency call.

Falls v. N.C. Dept. of Correction · filed 2010-12-22(6)

Plaintiff's injury to her left knee, occurring when she landed on the left side of her foot, causing her leg to turn outward as she ran to respond to an emergency call on November 13, 2008, constituted an unlooked for and untoward event that was an unexpected interruption of the work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences.

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

Evans v. Stellar Management Group · filed 2010-12-22(6)

In this case, plaintiff has failed to meet his burden of proving by the greater weight of the evidence that he sustained a compensable injury by accident or specific traumatic incident of the work assigned arising out of and in the course of his employment with defendant-employer on or about April 16, 2009.

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

Smith v. Baxter International, Inc. · filed 2010-12-28(6)

On August 15, 2007, Plaintiff sustained compensable injuries by accident arising out of and in the course of her employment with Defendant when her left leg became pinned between a conveyor belt and an automated guided vehicle. N.C. Gen. Stat. § 97-2 (6) (2009).

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

Johnson v. Sampson Correctional Institution · filed 2011-01-04(6)

On August 25, 2008 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).

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

Gross v. Steel · filed 2011-01-26(6)

On July 25, 2005, Plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with Defendant-Employer. N.C. Gen. Stat. § 97-2 (6).

An intentional assault may be an injury by accident when it is unexpected and unprovoked, stems from a risk particular to the employment, and has no unrelated personal motive.

Moore v. the Goodyear Tire Rubber Co. · filed 2011-01-27(6)

An intentional assault endured by a worker may be compensable as an injury by accident if it was unexpected and not instigated by the worker, derived from the dangers particular to the employment and not common in everyday life, and did not arise from some personal motive unrelated to the employment.

Section 97-2(6) covers an injury by accident from a specific traumatic incident when a worker develops cervical pain and numbness while performing a work task.

Ellison v. Dana Corporation · filed 2011-01-27(6)

On July 30, 2004, plaintiff sustained a compensable injury by accident in the form of a specific traumatic incident, when she felt an onset of pain and numbness in her cervical spine while taping axles at work.

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.

Salomon v. the Oaks of Carolina · filed 2011-01-31(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.

An employee seeking benefits under § 97-2(6) must prove by a preponderance of the evidence that a particular accident caused the injury.

Pablo-Antonio v. Texturing Services, Inc. · filed 2011-02-02(6)

An employee seeking benefits bears the burden of proving a particular accident was a causal factor of an injury by a preponderance of the evidence. N.C. Gen. Stat. § 97-2 (6); Seay v. Wal-Mart Stores, Inc. , 180 N.C. App. 432 , 436 , 637 S.E.2d 299 , 302 (2006).

An injury caused by a workplace slip and fall qualifies as a compensable injury by accident under § 97-2(6).

Gutierrez v. Coast Personnel Services · filed 2011-02-03(6)

On May 6, 2009, Plaintiff sustained a compensable injury by accident to her right shoulder when she slipped on a wet floor and fell. N.C. Gen. Stat. § 97-2 (6).

An employee must prove by the greater weight of the evidence that an injury by accident arose out of and in the course of employment.

Tarkington v. Pearidge Convenience Store · filed 2011-02-11(6)

In this case, plaintiff has failed to meet her burden of proving by the greater weight of the evidence that she sustained a compensable injury by accident arising out of and in the course of her employment with defendant-employer on December 26, 2008.

Section 97-2(6) covers an injury by accident when a resident forcefully strikes an employee in the course of employment.

Giles v. Nash Rehabilitation and Nursing · filed 2011-02-18(6)

On February 4, 2008, Plaintiff sustained an injury by accident arising out of and in the course of her employment with Defendant-Employer as a result of being forcefully struck by a resident in her chest and the left side of her neck. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires proof that the claimed injury was caused or aggravated by the workplace accident; causation cannot rest on speculation or conjecture.

Givens v. Shat R Shield, Inc. · filed 2011-02-22(6)

To establish causation, the evidence must rise above the level of mere speculation and conjecture. Holley v. ACTS, Inc. , 357 N.C. 228 , 231 , 581 S.E.2d 750 , 752 (2003). The medical evidence in this case does not establish a causal connection between plaintiff's right shoulder symptoms and the November 14, 2007 accident. Therefore, plaintiff has failed to prove by the greater weight of the competent evidence that any incident on November 14, 2007, caused or aggravated his right shoulder condition. Accordingly, Plaintiff's claim must be denied. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers an injury by accident arising out of and in the course of employment, including resulting back, neck, and thoracic spine injuries.

Staton v. N.C. Department of Transp. · filed 2011-02-23(6)

On July 5, 2006 and October 27, 2008, plaintiff sustained compensable injuries by accident arising out of and in the course of her employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires an employee seeking benefits to prove by a preponderance of the evidence that a work accident caused the injury.

Torain v. Alamance Municipal Abc Board · filed 2011-02-24(6)

An employee seeking benefits bears the burden of proving a particular accident was a causal factor of an injury by a preponderance of the evidence. In the instant case, Plaintiff has failed to carry her burden of proving the existence of an accident occurring in the course and scope of her employment. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers knee and back injuries caused by a fall while the employee is performing his work.

Rose v. N.C. Department of Correction · filed 2011-02-25(6)

On February 3, 2008, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant when he fell ascending some stairs, striking his knee on the top step and rolling onto the floor. As a consequence, plaintiff sustained injury to his right knee and lower back. N.C. Gen. Stat. § 97-2 (6); Holley v. ACTS, Inc. , 357 N.C. 228 , 581 S.E.2d 750 (2003).

An accidental aggravation of a pre-existing condition arising out of and in the course of employment is an injury under § 97-2(6).

Briggs v. Univ. of North Carolina-Chapel Hill · filed 2011-03-03(6)

On May 2, 2007, plaintiff sustained an aggravation to his left ankle condition by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).

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

Lee v. Chevrolet · filed 2011-03-10(6)

On January 6, 2009, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer, resulting in an injury to his right foot. N.C. Gen. Stat. § 97-2 (6).

A falling tree striking an employee during assigned work can qualify as a compensable injury by accident arising out of and in the course of employment under § 97-2(6).

Collins v. Townsend Tree Service Co. · filed 2011-03-11(6)

On May 18, 2009, Plaintiff sustained a compensable injury by accident arising out of and in the course of his employment, and/or a specific traumatic incident of the work assigned to him by Defendant-Employer as a result of being hit by a falling tree on his neck, shoulder, and lower back, thereby injuring his neck and lower back.

A fall at work that causes an ankle sprain is a compensable injury by accident arising out of and in the course of employment under § 97-2(6).

Testerman v. Northern Hospital of Surry County · filed 2011-03-11(6)

Therefore, on May 18, 2007, Plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with Defendant-Employer to his right ankle. N.C. Gen. Stat. § 97-2 (6) (2010).

An injury by accident under subsection (6) can result from an interruption of an employee’s normal work routine that introduces conditions likely to cause unexpected consequences.

Johnson v. Southern Rehabilitation Network · filed 2011-03-14(6)

Plaintiff's work duties and the conditions experienced during this incident constituted an interruption of Plaintiff's normal work routine and the introduction thereby of conditions likely to result in unexpected consequences. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires evidence that a hand condition resulted from an injury by accident arising out of and in the course of employment.

Dales v. bridgestone/firestone · filed 2011-03-14(6)

The evidence does not support a finding that Plaintiff's hand conditions are the result of an injury by accident arising out of and in the course of her employment with Defendant.

A back injury suffered while lifting scaffolding after a coworker releases his grip can be an injury by accident arising out of and in the course of employment.

Gosnell v. Morrow Brick Contractors · filed 2011-03-18(6)

On March 18, 2009, plaintiff sustained a compensable injury by accident to his back, arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).

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

Diaz v. Smith · filed 2011-03-19(6)

3. Plaintiff sustained a compensable injury by accident arising out of and in the course and scope of his employment with Defendant Smith on July 20, 2007. N.C. Gen. Stat. § 97-2 (6).

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

Lewis v. Griffin Industries · filed 2011-03-21(6)

On November 19, 2008, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers injuries from a truck crash following the driver’s syncope or stroke while he was driving in the course of employment.

Rawls v. Yellow Roadway Corporation · filed 2011-03-23(6)

Plaintiff was acting in the course of his employment and the injury followed because of either an episode of syncope, or stroke, and the position of plaintiff operating the tractor trailer truck when this occurred. ... On February 24, 2005, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant.

Section 97-2(6) treats a material exacerbation and aggravation of a shoulder condition caused by an accident arising out of and in the course of employment as an injury by accident.

Smith v. Goodyear Tire Rubber Co. · filed 2011-03-24(6)

On June 4, 2008, plaintiff sustained a material exacerbation and aggravation of his left shoulder condition by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).

An accidental fall at work that aggravates pre-existing cervical and lumbar conditions qualifies as an injury by accident.

Wells v. Coastal Cardiology Associates · filed 2011-03-30(6)

Plaintiff suffered an injury by accident while working for Defendant-Employer when she slipped and fell at work, aggravating her pre-existing cervical spine and lumbar spine problems. N.C. Gen. Stat. § 97-2 .

A neck or back injury caused by a workplace lifting incident can be a compensable injury by accident when it arises out of and occurs in the course of employment.

Huffman v. Target Corp. · filed 2011-04-08(6)

On July 24, 2009, Plaintiff sustained a compensable injury by accident to his neck and back, in the form of a cervical strain and a T9-10 disk herniation, arising out of and in the course of his employment with Defendant-Employer.

An injury by accident under § 97-2(6) includes an injury caused when unusual and unlooked-for work conditions require a worker to exert unusual force.

Privett v. Rea Contracting · filed 2011-04-14(6)

The greater weight of evidence in the instant case shows that the crane plaintiff was working on was the oldest in operation for defendant-employer, was unusually rusted and in disrepair, and was an unusually large crane. Further, the rusted condition caused plaintiff to exert an unusual amount of force in attempting to dislodge the frozen swing shaft. The Full Commission concludes as a matter of law that there were sufficient unusual and unlooked for circumstances involved in the April 17, 2009 incident to define the incident as an injury by accident under the Act.

Section 97-2(6) covers a lower-back injury sustained when lifting a tree at work caused the employee to twist and feel immediate pain.

Gonzalez v. Bennett's Creek Wholesale Nursery · filed 2011-04-14(6)

On or about March 6, 2009, plaintiff sustained a compensable injury by accident to his lower back. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a shoulder injury sustained while performing a work task in an abnormal and unusual manner because of an awkward position in a confined space.

Dehart v. University of North Carolina · filed 2011-05-11(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course of employment to his left shoulder while removing the last panel for inspection by lying in an awkward position on his left side and reaching the ratchet wrench as far as he could over his head in an abnormal and unusual manner in a confined space and pulling to loosen and remove the tight nut.

A back injury caused by a specific traumatic incident arising out of and in the course of employment is compensable, and a later event can materially aggravate that injury.

Murphy-Smith v. Nc Department of Correction · filed 2011-05-11(6)

Plaintiff sustained an admittedly compensable injury to her back as a result of a specific traumatic incident arising out of and in the course of her employment with Employer-Defendant on June 3, 2008. N.C. Gen. Stat. § 97-2 (6). The compensable injury was materially aggravated on February 23, 2009. N.C. Gen. Stat. § 97-2 (6).

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

Atkinson v. Concepts · filed 2011-05-13(6)

On March 26, 2009, Plaintiff sustained a compensable injury by accident arising out of and in the course of her employment resulting in injury to her cervical spine, left shoulder, and left knee. N.C. Gen. Stat. §§ 97-2 (6), 97-2 (19).

An injury is an injury by accident under § 97-2(6) when unusual rainstorm conditions and resulting puddles disrupt the routine performance of ordinary duties and cause the injury.

McCracken v. N.C. Department of Correction · filed 2011-06-17(6)

By the greater weight of the evidence, the presence of puddles of water during a rainstorm was an unusual occurrence on Plaintiff's rounds, and played a significant role in Plaintiff injuring her left ankle. Although Plaintiff was performing her normal duties, namely, inspecting the doors to a building, when she injured her left ankle, she could not perform these duties in a routine manner due to the rainstorm and resulting mud and puddles. ... Plaintiff sustained a compensable injury by accident to her left ankle on December 20, 2008. N.C. Gen. Stat. § 97-2 (6).

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

Phillips v. Wal-Mart Associates · filed 2011-06-28(6)

On March 26, 2006, Plaintiff sustained an admittedly compensable injury by accident arising out of and in the course of his employment due to a fall from a ladder, resulting in a left elbow fracture and a surgical repair of the fractures, including implant of a radial head prosthesis. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers work injuries to the knee and ankle that qualify as injuries by accident.

Dudley v. Nova Behavioral Healthcare Corp. · filed 2011-06-29(6)

Plaintiff sustained admittedly compensable injuries by accident to her right knee and right ankle on February 1, 2008. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats a back injury caused by an accidental fall while working as a compensable injury by accident.

Rowland v. Dac Products · filed 2011-06-30(6)

Plaintiff sustained a compensable injury by accident on May 13, 2009. N.C. Gen. Stat. § 97-2 (6).

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

Elvrum v. Scott · filed 2011-07-06(6)

On March 13, 2009, Plaintiff suffered an injury by accident arising out of and in the course of his employment, which resulted in a compensable low back injury.

Section 97-2(6) treats an ankle injury sustained in the course of assigned work as an injury by accident arising out of employment.

Thompson v. City of Winston-Salem · filed 2011-07-07(6)

On February 11, 2007, Plaintiff sustained an injury by accident to her left ankle arising out of and in the course of her employment with Defendant as the result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats a worker’s slip and fall while moving a patient at work as a compensable injury by accident.

Canterbury v. Savasenior Care Moores. Operat. Co. · filed 2011-07-13(6)

On January 17, 2009, while working for Defendant-Employer, Plaintiff suffered a compensable injury by accident when she slipped and fell, injuring her low back. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats an employee’s leg and ankle injury from being struck by workplace equipment while assisting a coworker as a compensable injury by accident.

Coby v. Manring · filed 2011-07-20(6)

On May 2, 2009, Plaintiff sustained a compensable injury by accident to his right leg and ankle. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers an employee’s knee injury caused by a coworker’s shopping cart during assigned work as an injury by accident arising out of and in the course of employment.

Djan v. Wal-Mart Associates · filed 2011-07-29(6)

On September 4, 2008, Plaintiff sustained an admittedly compensable injury by accident to his left knee, arising out of and in the course of his employment with Defendant-Employer. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a low-back injury caused by an employee’s fall on ice while making a delivery for the employer.

Gray v. Domino's Pizza, LLC · filed 2011-08-02(6)

Plaintiff sustained an injury to his low back as a result of an accident arising out of and in the course of his employment with Defendant on March 4, 2009. N.C. Gen. Stat. § 97-2 (6).

An accidental low-back injury sustained in the course and scope of employment is a compensable injury under § 97-2(6).

Wallace v. Laurel Healthcare Co. · filed 2011-08-02(6)

1. On September 30, 2009, Plaintiff suffered a compensable injury her low back in the course and scope of her employment with Defendant-Employer. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats an injury as an injury by accident when an unexpected event interrupts the employee’s normal work routine and introduces conditions likely to cause unexpected consequences.

Davis v. Colony Tire Corporation · filed 2011-08-02(6)

On June 8, 2009, while plaintiff was working for defendant-employer, he suffered an injury by accident to his right shoulder and/or upper arm when he attempted to hold upright a large, water-filled tractor tire that was falling to its side. This incident constituted an interruption of plaintiff's normal work routine and the introduction thereby of conditions likely to result in unexpected consequences. Further, it was an unlooked for and untoward event that was not expected or designed by plaintiff.

Section 97-2(6) does not treat a step or misstep that is normally part of an employee’s work routine as an accident merely because it causes injury.

Tullock v. Lowe's Home Centers, Inc. · filed 2011-08-04(6)

The mere act of stepping, even if it results in a misstep that causes an injury, is not an unusual event if normally a part of one's work routine.

Section 97-2(6) covers neck and low-back injuries from a workplace accident when they arise out of and in the course of employment.

Garrett v. Big Lots, Inc. · filed 2011-08-04(6)

On November 6, 2002, Plaintiff suffered an injury by accident to his neck and low back arising out of and in the course of his employment with Defendant-Employer.

Section 97-2(6) treats a slip and fall at work that twists an employee’s knee as an injury by accident arising out of and in the course of employment.

Haithcox v. Flynt Amtex, Inc. · filed 2011-08-04(6)

Plaintiff sustained an injury by accident arising out of and in the course of her employment with Defendant-Employer on June 6, 2008. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers an injury by accident arising out of and in the course of employment when unusual work conditions interrupt the employee’s normal routine.

Nations v. Western Carolina University · filed 2011-08-05(6)

The Full Commission concludes based upon the greater weight of the evidence that Plaintiff sustained an injury by accident arising out of and in the course of the employment with Defendant-Employer on January 19, 2010.

Section 97-2(6) requires an injury by accident; an injury during ordinary heavy work does not qualify without an interruption of the work routine or unusual conditions.

Guillen v. Kci Wireless · filed 2011-08-08(6)

Considering the totality of the circumstances, Plaintiff's left shoulder injury on July 9, 2009 was not the result of an accident within the meaning of the Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a specific traumatic back injury arising from assigned work, including an injury that causes, materially accelerates, or aggravates a preexisting condition.

Robinson v. Wal-Mart Stores, Inc. · filed 2011-08-08(6)

On June 1, 2006, Plaintiff sustained an admittedly compensable injury to her back as a result of a specific traumatic incident of the work assigned that arose out of and in the course of her employment with Defendant-Employer during a judicially cognizable time period. N.C. Gen. Stat. § 97-2 (6); Fish v. Steelcase, Inc. , 116 N.C. App. 703 , 707 (1994), cert. denied , 339 N.C. 737 (1995). This compensable injury caused Plaintiff's back condition or materially accelerated or aggravated a preexisting condition. N.C. Gen. Stat. § 97-2 (6); Brown v. Family Dollar Distrib. Ctr. , 129 N.C. App. 361 , 364 (1998).

Section 97-2(6) covers a back injury caused by a specific traumatic incident of assigned work during a judicially cognizable period, including an injury that aggravates a pre-existing condition.

Norman v. Craven County Health Department · filed 2011-08-08(6)

On July 27, 2009, Plaintiff sustained an admittedly compensable injury to her back as a result of a specific traumatic incident of the work assigned that arose out of and in the course of her employment with Defendant-Employer during a judiciably cognizable time period. ... This compensable injury caused Plaintiff's back condition or materially accelerated or aggravated a pre-existing condition.

An accident that significantly exacerbates an underlying knee condition can qualify as a compensable injury by accident.

Bunker v. N.C. Dept. of Corr. · filed 2011-08-09(6)

Dr. Colquhoun opined and the Full Commission finds as fact that the April 1, 2008 accident, at the least, caused a significant exacerbation of any underlying condition in Plaintiff's left knee. ... Plaintiff suffered a compensable injury by accident to his left knee on April 1, 2008. N.C. Gen. Stat. § 97-2 (6).

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

Lovell v. Mountain River Trucking · filed 2011-08-17(6)

On or about April 14, 2008, Plaintiff sustained an admittedly compensable injury by accident to her spine, arising out of and in the course of her employment with Defendant-Employer. As a result of her injury by accident on or about April 14, 2008, Plaintiff experienced a mild spinal cord injury, which resulted in autonomic dysreflexia, a neurogenic bladder, a neurogenic bowel and sexual dysfunction. N.C. Gen. Stat. § 97-2 (6).