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No reviewed case has held this section invalid, preempted, superseded or repealed.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) requires proof that an injury by accident arose out of and in the course of employment; an unproven work connection does not make a recurrent hernia compensable.

Brown v. Tyson Foods, Inc. · filed 2011-08-17(6)

The greater weight of the evidence fails to establish that Plaintiff sustained an injury by accident arising out of and in the course of his employment with Tyson Foods on or about February 24, 2008, which resulted in a hernia. N.C. Gen. Stat. § 97-2 (6); Click v. Pilot Freight Carriers, Inc. , 300 N.C. 164 , 265 S.E.2d 389 (1980).
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An employee suffers an injury by accident under § 97-2(6) when a workplace fall occurs amid unusual conditions that interrupt the regular work routine.

Waddell v. United Hearts Home Care, LLC · filed 2011-08-26(6)

The circumstances of plaintiff's injury on 2 January 2010 constituted an interruption of her regular work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences. ... On 2 January 2010, plaintiff sustained a compensable injury by accident to her left wrist. N.C. Gen. Stat. § 97-2 (6).
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An injury by accident arising out of and in the course of employment can include an exacerbation of the worker’s depression resulting from the accident.

Tonya Fils Council v. Lion · filed 2011-08-29(6)

On September 8, 2007, Plaintiff sustained an injury by accident arising out of and in the course of her employment with Defendant-Employer when she slipped and fell on a grape injuring her right ankle and right shoulder, which resulted in an exacerbation of Plaintiff's depression.
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An injury by accident under § 97-2(6) includes an accident that exacerbates a prior compensable shoulder injury while the employee performs physically unsuitable work.

Ammons v. Goodyear Tire · filed 2011-09-12(6)

The Wind-Up Operator position was physically unsuitable employment and Plaintiff was injured while engaging in duties outside his physical restrictions set out by Dr. Kobs for his July 19, 2005 compensable left shoulder injury and, therefore, Plaintiff's August 19, 2009 injury resulting in an exacerbation to his left shoulder requiring further surgical intervention is compensable. N.C. Gen. Stat. §§ 97-2 (6); 97-32.1 .
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Section 97-2(6) requires competent evidence that a work incident caused or aggravated the claimed injury; the employee must prove causation by a preponderance of the evidence.

Cheek v. Wake County Public Schools · filed 2011-09-12(6)

Therefore, Plaintiff has failed to prove by a preponderance of the competent evidence that the incident on July 13, 2009, caused or aggravated his cervical or right shoulder symptoms. Accordingly, Plaintiff's claim must be denied. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Vargas v. Securitas Security Services · filed 2011-09-13(6)

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

Mayhorn v. Manpower, Inc. · filed 2011-09-16(6)

On October 29, 2008, Plaintiff sustained an injury by accident arising out of and in the course of her employment with Defendant-Employer, resulting in injuries to her left knee, left ankle, and left foot. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) does not treat an injury sustained during regular duties under normal work conditions in the usual manner as an injury by accident.

Thompson v. Pratt Industries USA, Inc. · filed 2011-09-27(6)

Even if Plaintiff's testimony were accepted as credible, the Full Commission finds that Plaintiff's injury occurred under normal work conditions during the performance of his regular duties in the usual and customary manner. ... Plaintiff did not suffer an injury by accident within the meaning of the North Carolina Workers' Compensation Act and therefore, his claim is not compensable. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) treats an accidental injury sustained in the course and scope of employment as a compensable injury by accident.

Holliday v. Beall · filed 2011-09-29(6)

On 8 April 2009, while working in the course and scope of his employment for defendant-employer Joseph Beall d/b/a Just Roofing, plaintiff suffered an injury by accident as defined by the Act, sustaining compensable injuries his left leg and left arm. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers post-traumatic stress disorder causally related to an injury by accident at work.

Shaffer v. Southern Pipe, Inc. · filed 2011-09-29(6)

The preponderance of the evidence of record establishes a causal relationship between Plaintiff's injury by accident of September 15, 2009 and his post traumatic stress disorder, and thus this condition is compensable. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers DVTs and pulmonary emboli that are causally related to a work-related accident.

Baker v. Paxton Media Group · filed 2011-09-30(6)

Plaintiff's DVTs and pulmonary emboli are related to her August 26, 2008 work-related accident and are thus compensable. N.C. Gen. Stat. § 97-2 (6).
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An injury during an employer-required lunch break may occur in the course of employment under § 97-2(6).

Mintz v. Verizon Wireless · filed 2011-10-07(6)

The time of the accident may include times during the work day, such as lunch breaks, that are built in for the employees' rest and refreshment. Here, Plaintiff had her accident while on a lunch break that Defendant-Employer required her to take as a condition of her employment.
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An accidental fall arising out of and in the course of employment can cause a compensable shoulder injury and cervical and thoracic strains.

Anderson v. Butler International, Inc. · filed 2011-10-07(6)

On January 7, 2009, plaintiff sustained a compensable injury by accident to his right shoulder, as well as cervical and thoracic strains, arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers injuries to both knees caused by an accidental fall in the course of employment.

Haywood v. Diyahs Homes, Inc. · filed 2011-10-07(6)

Plaintiff sustained compensable injuries to both her right knee and her left knee when she fell and sustained her compensable accident on October 19, 2006.
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Section 97-2(6) requires credible evidence of an injury by accident or specific traumatic incident in the course and scope of employment.

Harwood v. Modern Tower Solutions · filed 2011-10-12(6)

Based on the inconsistencies in plaintiff's testimony and the lack of credible evidence produced by plaintiff, plaintiff has not presented sufficient evidence to take the case out of the realm of conjecture or possibility, and has failed to carry his burden of proving he sustained a compensable injury by accident or specific traumatic incident in the course and scope of his employment on February 2, 2010.
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Crosier v. Conagra Foods, Inc. · filed 2011-11-02(6)

On June 9, 2009, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Taylor v. Conagra Foods, Inc. · filed 2011-11-02(6)

On June 9, 2009, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Smith v. Conagra Foods, Inc. · filed 2011-11-02(6)

1. On June 9, 2009, 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).
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An injury by accident under § 97-2(6) includes an unexpected event that interrupts the employee’s normal work routine and arises out of and in the course of employment.

King v. Caswell Center · filed 2011-11-07(6)

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 that arose out of and in the course of his employment with defendant-employer.
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Section 97-2(6) defines a compensable injury by accident, which the claimant must prove.

Brummett v. City Transfer · filed 2011-11-08(6)

Plaintiff has failed to prove that he sustained a compensable injury by accident on December 21, 2009 as defined by N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Meek v. Pontiac · filed 2011-11-11(6)

Plaintiff sustained an injury by accident arising out of and in the course of the employment on December 9, 2006, for which she missed no time from work. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers a back injury sustained by accident in the course of employment and the causally related pain resulting from it.

Burnette v. Carolina Internal Medicine · filed 2011-11-15(6)

Plaintiff sustained an injury by accident arising out of and in the course of the employment on January 15, 2008, resulting in a back sprain/strain, SI joint pain, left leg pain and myofascial pain.
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Section 97-2(6) treats lower-back injuries sustained in workplace accidents as compensable injuries by accident.

Brindis v. Prestage Foods · filed 2011-11-18(6)

On February 5, 2006, and April 30, 2007, plaintiff sustained compensable injuries by accident to his lower back which were accepted by defendants by the filing of respective Form 60 Employer's Admission to Employee's Right to Compensation .
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Section 97-2(6) treats a condition and its related treatment as part of an injury by accident when they are causally related to the workplace accident.

Tunell v. Resource mfg/prologistix · filed 2011-11-21(6)

Plaintiff's left-foot condition and related medical treatment are the direct and natural result of and causally related to his March 23, 2010 injury by accident.
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Senter v. C.T. Wilson Construction Company · filed 2011-11-21(6)

On July 23, 1973, 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).
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An injury by accident under § 97-2(6) must arise out of and in the course of employment.

Moore v. Bell Senior Living · filed 2011-11-21(6)

On September 23, 2006, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer involving her low back, left cervical area, and her left arm. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) requires an interruption of the employee’s normal work routine involving unusual conditions to establish an injury by accident.

Waters v. Schenker Logistics, Inc. · filed 2011-11-29(6)

An accident involves an interruption of an employee's normal work routine with the introduction thereby of unusual conditions likely to result in unexpected consequences.
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A hip injury caused by an employee’s work-related slip and fall qualifies as an injury by accident arising out of and in the course of employment, even when the hip symptoms develop later.

Parsley v. Ingles Markets, Inc. · filed 2011-12-01(6)

Regarding plaintiff's left hip injury, the Full Commission concludes as a matter of law that the injury resulted from the slip and fall of May 22, 2004, arising out of and in the course of his employment with defendant. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers an injury by accident arising out of and in the course and scope of employment.

Spivey v. Wright's Roofing · filed 2011-12-02(6)

Plaintiff sustained a compensable injury by accident to his right lower extremity arising out of and in the course and scope of his employment on June 28, 2010. N.C. Gen. Stat. § 97-2 (6).
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An assault is an injury by accident when it is unexpected and without design from the injured worker’s point of view, even if another person caused it intentionally.

Withers v. Black · filed 1949-05-25(f)

Tbe testimony plainly warranted tbe conclusion that claimant sustained a personal injury by accident because an assault is an “accident” within tbe meaning of the Workmen’s Compensation Act “when from tbe point of view of tbe workman who suffers from it it is unexpected and without design on bis part, although intentionally caused by another.”
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Section 97-2(f) ordinarily does not treat heart disease as an injury by accident arising out of and in the course of employment.

Duncan v. City of Charlotte · filed 1951-07-17(f)

And ordinarily, a heart disease is not deemed an “injury by accident arising out of and in the course of the employment” (G-.S. 97-2 (f); Neely v. Statesville, supra), nor an occupational disease.
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Law changed since Session Law 1987-729, § 2, effective August 5, 1987, added a specific-traumatic-incident route to hernia compensation; customary work alone does not foreclose that route.

Subsection (r) does not treat a hernia sustained during usual and customary work as an injury by accident.

Holt v. Cannon Mills Co. · filed 1958-11-19(r)

There is no evidence disclosed on this record to show that the work of the employee at the time he suffered the hernia was being performed in other than the usual and customary manner. Hence, the conclusion that the plaintiff suffered an injury by accident arising out of and in the course of his employment, resulting in a hernia, is not supported by the evidence. ... As pointed out in the cited case, the interpretation so consistently given to the statute, G.S. 97-2 (r), should be followed.
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Law changed since Session Law 1983-833, effective July 20, 1983, added § 97-2(6)’s specific-traumatic-incident route for a disabling back injury; a separate unusual accident is no longer always required.

Section 97-2(6) requires more than an injury sustained while performing usual duties in the usual way to establish injury by accident in a ruptured or slipped disc case.

Harding v. THOMAS AND HOWARD COMPANY · filed 1962-02-28(6)

To sustain an award of compensation in ruptured or slipped disc cases the injury to be classed as arising by accident must involve more than merely carrying on the usual and customary duties in the usual way.
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An injury from lifting and heaving a heavy object from a twisted and cramped position can qualify as an injury by accident.

Keller v. ELECTRIC WIRING COMPANY · filed 1963-04-10(6)

To say that the injury which resulted from lifting and heaving the rock from a twisted and cramped position would be non-compensable does not commend itself as either very sound reasoning or very good law.
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Law changed since Session Law 1983-833, effective July 20, 1983, added § 97-2(6)’s specific-traumatic-incident route for a disabling back injury; usual work does not itself foreclose coverage.

An injury to the back from a herniated disc is not an accident under § 97-2(6) when the employee is performing usual duties in the usual way.

Byrd v. Farmers Federation Cooperative · filed 1963-09-18(6)

An injury to the back from an herniated disc does not arise by accident if the employee at the time is merely carrying on his usual and customary duties in the usual way.
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Law changed since Same change as noted above.

Section 97-2(6) does not treat an injury sustained while performing usual duties in the customary way as an injury by accident.

Lawrence v. Hatch Mill · filed 1965-09-22(6)

The sum total of his evidence is that at the time of his injury he was performing his duties in the usual and customary way. This evidence is insufficient to support a finding of injury by accident.
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Law changed since Session Law 1983-833, effective July 20, 1983, added an exception for disabling back injuries caused by a specific traumatic incident of assigned work.

Section 97-2(6) requires a compensable injury to result from an accident arising out of and in the course of employment; the injury itself is not the required unforeseen event.

Rhinehart v. Roberts Super Market, Inc. · filed 1967-10-11(6)

Except in the case of certain occupational diseases, compensation may not be awarded under the Workmen’s Compensation Act unless there is proof of a disability due to an injury, which injury was the result of an accident arising out of and in- the course of the employment. G.S. 97-2(6). ... There was nothing unforeseen or unexpected except the injury itself. Thus, the evidence is not sufficient to support the finding that there was an injury by an accident.
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Law changed since Session Law 1983-833, effective July 20, 1983, now permits a disabling back injury caused by a specific traumatic incident of assigned work without a separate fortuitous event.

Section 97-2(6) requires a fortuitous event that causes the injury; an injury sustained while performing ordinary duties in the usual manner is not compensable.

O'Mary v. Land Clearing Corporation · filed 1964-03-25(6)

The facts stated in the Commission’s findings do not disclose any fortuitous event. Nor do they show plaintiff was performing his duties on August 10, 1961, otherwise than in the usual and customary manner. Hence, they do not show an “injury by accident” within the meaning of that phrase as interpreted by this Court.
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Section 97-2(6) requires proof of injury by accident; an injury occurring at work alone is insufficient for compensation.

Hargus v. Select Foods, Inc. · filed 1967-09-20(6)

To sustain a claim for compensation, more must be shown than an injury while at work.
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Law changed since Session Law 1987-729, § 2, effective August 5, 1987, added a specific-traumatic-incident route to hernia compensation without a separate unusual accident.

Section 97-2(18) requires an interruption of the work routine and unusual conditions for an injury to qualify as an accident.

Gray v. Durham Transfer and Storage, Inc. · filed 1970-03-31(18)

“Accident” as used in our statute (G.S. 97-2(18)) involves the interruption of the work routine and the introduction of unusual conditions likely to result in unpredicted consequences.
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Law changed since Session Law 1987-729, § 2, effective August 5, 1987, added a specific-traumatic-incident route to hernia compensation; usual work alone does not foreclose that route.

A hernia does not arise by accident when the employee is carrying out usual duties in the usual way.

Southards v. Byrd Motor Lines, Inc. · filed 1971-06-23(18)

A hernia suffered by an employee does not arise by accident if the employee at the time was merely carrying out his usual and customary duties in the usual way.
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Law changed since Session Law 1983-833, effective July 20, 1983, added § 97-2(6)’s specific-traumatic-incident route for disabling back injuries without a separate unusual accident.

An injury by accident requires an interruption of the work routine and unusual conditions likely to produce unexpected consequences; back pain during customary duties alone does not satisfy that requirement.

Garmon v. Tridair Industries, Inc. · filed 1972-05-24(6)

There was no showing of such circumstances or interruption of the work routine here; there-; fore, the conclusion of law by the commission that plaintiff did not sustain an injury by accident is fully supported by competent evidence and as such will not be disturbed on appeal.
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Under § 97-2(6), a ruptured or slipped disc may qualify as an injury by accident when unusual conditions interrupt the employee’s usual work routine.

Dunton v. Daniel Construction Co. · filed 1973-07-25(6)

The. sole question presented is whether the evidence supports the finding that plaintiff sustained an injury by “accident” within the meaning of the Workmen’s Compensation Statute, G.S. 97-2(6), and as defined by the North Carolina Supreme Court. “To sustain an award of compensation in ruptured or slipped disc cases the injury to be classed as arising by accident must involve more than merely carrying on the usual and customary duties in the usual way. . . . Accident involves the interruption of the work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences.” ... We hold that the evidence was sufficient to support the findings and conclusions of the Commission and to support its award.
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Section 97-2(6) includes specific traumatic incidents arising out of and in the course of employment within the definition of injury by accident.

Harris v. Consolidated Services, Inc. · filed 1995-04-20(6)

Both the slip and fall on the greasy floor and the sharp pain from lifting a heavy rack of dishes qualify as specific traumatic indicents.
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Section 97-2(6) defines an injury by accident arising out of and in the course of employment for workers' compensation purposes.

Arrington v. Texfi Industries, Inc. · filed 1995-07-13(6)

Plaintiff sustained an admittedly compensable injury by accident arising out of and in the course of his employment on August 12, 1988 when in the process of mixing chemicals, the same chemicals boiled over onto plaintiff while working for defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines a compensable injury as an injury by accident arising out of and in the course of employment.

Ames v. Eaton Corporation · filed 1995-08-22(6)

Plaintiff's condition of pernicious anemia did not result from an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2 (6).
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Section 97-2(6) defines an injury by accident arising out of and in the course of employment.

Murray v. Wisteria Builders · filed 1996-04-15(6)

On September 29, 1993 plaintiff sustained an injury by accident arising out of and in the course of his employment. N.C.G.S. § 97-2 (6).
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Section 97-2(6) defines an injury by accident as an injury arising out of and in the course of employment.

Lowe v. Be K Construction Company · filed 1996-05-22(6)

On 5 November 1990 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer which materially aggravated plaintiff's pre-existing low back and cervical spine conditions.
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Subsection 97-2(6) defines an injury by accident arising out of and in the course of employment.

Hawkins v. City of Charlotte · filed 1996-06-24(6)

On November 6, 1991 plaintiff sustained injuries by accident arising out of and in the course of the plaintiff's employment when a cabinet fell on the plaintiff causing a broken left clavicle and a ruptured disc in his neck, which produced right shoulder, arm and hand pain. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers injuries by accident arising out of and in the course of employment.

Fields v. Clayton homes/oxford Homes · filed 1996-06-25(6)

1. On October 18, 1993 plaintiff sustained an injury by accident arising out of and in the course of his employment resulting in a herniated disc. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers injuries by accident arising out of and in the course of employment, including injuries caused by a movement outside the employee's normal work routine.

Staton v. S J Management, Incorporated · filed 1996-07-11(6)

The plaintiff did not sustain an injury by accident arising out of and in the course of her employment with the defendant-employer on June 24, 1994. The greater weight of the evidence fails to show that an injury to her knee resulted from a movement outside plaintiff's normal work routine, or other "accident" within the meaning of N.C.G.S. § 97-2(6).
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Section 97-2 defines injury by accident, average weekly wage, and medical compensation for workers’ compensation purposes.

Gulley v. Eastern Shore Animal Hospital · filed 1996-07-26(5), (6), and (19)

1. On 26 July 1993 plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2 (6). ... 2. Plaintiff's average weekly wage was $353.60 per week, yielding a compensation rate of $235.74 per week. N.C.G.S. § 97-2 (5). ... 4. Plaintiff is entitled to the payment of all medical compensation reasonably necessary as a result of the injury by accident of 26 July 1993. N.C.G.S. §§ 97-25; 97-2(19).
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Section 97-2(6) defines an injury by accident as an injury arising out of and in the course of employment.

Beck v. Rowan County · filed 1996-08-07(6)

On January 27, 1994 decedent sustained an injury by accident arising out of and in the course of his employment with defendant-employer which resulted in his death. G.S. § 97-2 (6); Gabriel v. Town of Newton, 227 N.C. 314 (1947).
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Subsection (6) covers injuries by accident arising out of and in the course of employment.

Wilhelm v. Elk Super Tire, Inc. · filed 1996-08-20(6)

On November 27, 1989 plaintiff sustained injuries by accident arising out of and in the course of his employment resulting in the disabling personal injuries giving rise hereto. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers injuries by accident arising out of and in the course of employment.

Meyer v. Wal-Mart Stores Inc. · filed 1996-05-24(6)

1. On 16 September 1993 plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers injuries by accident arising out of and in the course of employment.

Adams v. Avx Corporation · filed 1996-10-15(6)

The plaintiff has met her burden of proving that the incident which occurred on August 4, 1992 was an injury by accident arising out of and in the course of her employment. The incident aggravated and exacerbated a pre-existing condition. N.C.G.S. § 97-2 (6).
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Section 97-2 defines an injury by accident as an injury arising out of and in the course of employment, including a specific traumatic incident.

Carroll v. Saft America, Inc. · filed 1996-10-23(6)

On April 21, 1991, plaintiff sustained an injury by accident arising out of and in the course of her employment when she suffered a specific traumatic incident when, as she was reaching with her right hand to place her work in a tray to her left she felt a pop in her neck accompanied by the sudden onset of pain. N.C.G.S. § 97-2.
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Section 97-2(6) treats an injury caused by a tiny metal sliver embedded in an employee's foot during work as an injury by accident arising out of and in the course of employment.

Smith v. Acme Metal Slide, Inc. · filed 1996-12-09(6)

Plaintiff suffered an injury by accident arising out of and in the course of his employment in the first or second week of November 1992 when a tiny metal sliver, created at his workplace in the assembly of metal slides became embedded in his left foot. N.C.G.S. § 97-2 (6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Hutton v. Carretta Trucking · filed 1996-12-09(6)

On March 1, 1991, the plaintiff sustained an injury to her back by accident arising out of and in the course of her employment with the defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Williams v. Pee Dee Elec. Membership Corp. · filed 1996-12-10(6)

Plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant on August 23, 1993.
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Section 97-2(6) covers a physical injury caused by an accident arising out of and in the course of employment.

Cannamela v. Ray · filed 1997-01-13(6)

On January 22, 1992 plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer when her right forearm was struck by a screen door, causing contusion and abrasion of her right forearm.
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Section 97-2 requires proof by the greater weight of the evidence of an injury by accident arising out of and in the course of employment.

Childers v. Mills · filed 1997-01-17

Plaintiff has failed to sufficiently, convincingly, or credibly prove by the greater weight of the evidence that on or about June 8, 1994 he sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2.
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Section 97-2(6) requires proof of an injury by accident or specific traumatic incident arising out of and in the course of employment.

McDaniel v. Associates · filed 1997-02-05(6)

Plaintiff has failed to prove by the greater weight of the evidence that on or about April 24, 1994 she sustained an injury by accident or specific traumatic incident arising out of and in the course her employment with defendant. N.C.G.S. § 97-2 (6).
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Section 97-2(6) requires a workers' compensation claimant to prove an injury by accident by the greater weight of the evidence.

Martinez v. Food Masters, Inc. · filed 1997-02-06(6)

Plaintiff has the burden of proving by the greater weight of the evidence that she suffered an injury by accident. Since, she did not carry that burden, she cannot prevail in this matter. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Cordell v. Wake County · filed 1997-02-06(6)

On December 29, 1993, Plaintiff sustained an injury by accident arising out of and in the course of her employment with Defendant. N.C.G.S. § 97-2 (6).
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Section 97-2 defines the workers’ compensation terms that determine whether a claimed injury by accident or occupational disease falls within the Act.

Witmore v. J. B. Preslar Trucking Co. · filed 1997-02-06

Plaintiff has failed to prove by the greater weight of the evidence that he sustained an injury by accident arising out of and in the course of his employment or that he suffers from an occupational disease such that he is entitled to benefits under the Workers' Compensation Act. N.C.G.S. §§ 97-2, 97-53.
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Roseblock v. Bassett Furniture Plant · filed 1997-02-24(6)

On or about May 6, 1992, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant which resulted in a back strain, and the development of fibromyalgia, as well as depression. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident that can produce compensable consequences under the Workers' Compensation Act.

Richardson v. Vermont American Corporation · filed 1997-03-06(6)

1. Plaintiff suffered an injury by accident on July 27, 1993, for which there are compensable consequences. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines a compensable injury as an injury by accident arising out of and in the course of employment.

Matthews v. Resource Recycling, Inc. · filed 1997-03-06(6)

1. Plaintiff sustained an injury by accident on October 20, 1994, while in the course and scope of his employment with defendant and said accidental injury aggravated his pre-existing condition of pigmented villonodular synovitis. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines a compensable injury by accident as one arising out of and in the course of employment.

Dobbin v. National Medical Enterprises · filed 1997-03-12(6)

On February 28, 1987, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident to include a specific traumatic incident arising out of and in the course of employment.

Wilmoth v. Stokes County Board of Education · filed 1997-04-01(6)

On July 2, 1993 plaintiff sustained an injury by accident or specific truamatic incident arising out of and in the course and scope of his employment, which materially aggravated and/or accelerated his prior surgically repaired disc herniation at L3-4 and which resulted in a new disc herniation at L5-S1 requiring plaintiff to undergo back surgery. N.C.G.S. § 97-2(6).
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Section 97-2(6) requires an injury by accident to arise out of and in the course of employment.

Brinson v. Winston-Salem Transit Auth. · filed 1997-07-25(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant. N.C.G.S.97-2 (6).
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Section 97-2(6) includes a disabling back injury arising out of and causally related to a specific traumatic incident in the term injury by accident.

Glazebrook v. Randa International, Inc. · filed 1997-08-21(6)

On or about May 12, 1995, Plaintiff sustained an injury by accident in the manner of a specific traumatic incident arising out of and in the course of his employment with Defendant, causing injury to Plaintiff's back. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines injury and personal injury as an injury by accident arising out of and in the course of employment, excluding disease except when it naturally and unavoidably results from the accident.

Wimbush v. Warren County Department of Correction · filed 1997-08-27(6)

Considering all the circumstances including those requiring Plaintiff's presence at Umstead and limiting his activities, Plaintiff was acting in the course and scope of his employment with defendant-employer when on March 4, 1996 he suffered an injury by accident to his knee. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident as an injury arising out of and in the course of employment.

Slade v. Sherry Industries, Incorporated · filed 1997-08-27(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident as one arising out of and in the course of employment.

Sheppard v. China Grove Textiles · filed 1997-09-11(6)

The plaintiff sustained an injury by accident arising out of and in the course of her employment with the defendant-employer. N.C.G.S. § 97-2 (6).
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Section 97-2(6) defines an injury or personal injury as an injury by accident arising out of and in the course of employment.

Allen v. Burlington Industries · filed 1997-09-26(6)

Plaintiff suffered a compensable injury by accident within the course and scope of his employment when, on 18 August 1994, while in an awkward position and twisting while trying to remove a disk from a textile machine, plaintiff felt a sharp pain in his back that went down his leg. This sharp pain was caused by disk herniation at C5-6 and C6-7. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident to include an injury arising out of and in the course of employment from a specific traumatic incident of the work assigned.

Brinkley v. Pell Paper Box Co., Inc. · filed 1997-10-28(6)

On 21 October 1994, the plaintiff sustained an injury to his back arising out of and in the course of his employment with the defendant-employer as a result of the specific traumatic incident of the work assigned. As a result of the same accident, the plaintiff sustained an injury to his right big toe. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines compensable injury by accident and injury resulting from a specific traumatic incident arising out of and in the course of employment.

Land v. Freightliner Corporation · filed 1997-11-04(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of his employment with the employer or sustain an injury resulting from a specific traumatic incident of his assigned work on October 13, 1994. N.C.G.S. § 97-2(6).
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Section 97-2(6) includes a depressive disorder that is the direct and natural result of a compensable injury.

Caulder v. Richmond apparel/martin Mills, Inc. · filed 1997-11-10(6)

As a result of plaintiff's admitted compensable injury by accident, she has contracted a depressive disorder which is the direct and natural result of her original injury. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines a compensable injury by accident as one arising out of and in the course of employment.

Thomas v. Greenpoint Chemical Dependency Centers · filed 1998-01-13(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant-employer as defined by the North Carolina Workers' Compensation Act. Plaintiff is, therefore, not entitled to workers' compensation benefits. N.C.G.S. § 97-2(6).
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Section 97-2(6) treats an unusual interruption of an employee's normal work routine as an accident.

Stewart v. R.R. Donnelley Printing Company · filed 1998-02-06(6)

The episode of September 27, 1994 wherein the plaintiff was required to exert an unusual amount of force to change the print cylinder constituted an interruption of his normal work routine sufficient to constitute an accident.
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Huggins v. Charlotte-Mecklenburg Hosp. Auth. · filed 1998-02-06(6)

On November 3, 1992, plaintiff sustained an admittedly compensable injury by accident arising out of and in the course of her employment with defendant-employer in that she sustained an injury to her back. N.C.G.S. § 97-2(6).
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Section 97-2(6) requires a compensable injury to result from an accident.

Leach v. Kelly Springfield Tire Company · filed 1997-12-12(6)

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.G.S. § 97-2(6).
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Section 97-2(6) limits compensable injury to an injury by accident arising out of and in the course of employment.

Morgan v. American Airlines · filed 1998-02-18(6)

1. Plaintiff has not sustained an occupational disease or an injury by accident arising out of and in the course of plaintiff's employment with defendant. N.C.G.S. § 97-2(6); § 97-52.
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Section 97-2(6) requires a claimant to prove by the greater weight of the evidence that an injury by accident arose out of or in the course of employment.

Perry v. Gaylord Container Corporation · filed 1998-05-29(6)

Plaintiff has failed to establish by the greater weight of the evidence that he suffered an injury by accident arising out of or in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident arising out of and in the course of employment.

Furr v. Solite Corporation · filed 1998-06-11(6)

On or about December 28, 1993, the plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant-employer. N.C.G.S. § 97-2(6).
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Subsection (6) covers an injury by accident arising out of and in the course of employment.

Tyndall v. Black Decker · filed 1998-07-14(6)

On April 10, 1995, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer.
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Section 97-2(6) covers an injury by accident arising out of and in the course and scope of employment.

Alexander v. Barnes · filed 1998-07-29(6)

The plaintiff suffered a compensable injury by accident, arising out of and in the course and scope of his employment on April 26, 1994. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Goff v. Foster Forbes Glass Division · filed 1998-08-25(6)

On May 17, 1995, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) requires an injury by accident arising out of and in the course of employment; an interruption of the normal work routine by unusual conditions can establish such an accident.

Nelson v. Watkins Construction and Engineering · filed 1998-08-27(6)

1. On or about April 24, 1997, plaintiff did not sustain an injury as the result of an interruption of his normal work routine by the introduction of unusual conditions likely to result in unexpected consequences; therefore, any injury sustained by plaintiff on or about April 24, 1997 did not result from an injury by accident arising out of and in the course of plaintiff's employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident arising out of employment, and section 97-2(9) addresses disability resulting from that injury.

Spears v. City of Raleigh · filed 1998-09-03(6), (9)

1. On June 25, 1996, plaintiff suffered an injury by accident arising out of and in the course of his employment with defendant-employer when he injured his groin and left side. N.C.G.S. § 97-2(6). ... 4. By July 2, 1996, plaintiff had recovered from the consequences of his June 25, 1996 injury by accident. N.C.G.S. § 97-2(9).
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Section 97-2(6) requires competent medical evidence connecting an accident to a claimed injury when causation is at issue; testimony that a connection is merely possible does not satisfy the claimant's burden.

Carrico v. Klaussner Furniture Industries, Inc. · filed 1998-09-22(6)

Testimony of competent medical authority was needed on the issue of causation between the accident and the back injury. Dr. Yates testimony that it was "possible" that there was a causal connection, but that he could not state that to a reasonable degree of medical certainty is insufficient to meet Plaintiff's burden of proof as to causation.
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Section 97-2(6) covers a hand injury caused by a workplace accident, including resulting carpal tunnel syndrome and trigger finger.

McCracken v. Standard Products · filed 1998-09-23(6)

On May 21, 1993, plaintiff sustained a compensable injury by accident arising out of and in the course of her employment with defendant-employer injuring her right hand and fingers and thereby sustaining right-handed carpal tunnel syndrome and trigger finger. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident arising from a specific traumatic incident of the employee’s work.

Harris v. N.C. D.H.R. · filed 1998-10-12(6)

1. On October 10, 1995, the plaintiff sustained an injury by accident arising out of and in the course of her employment with the defendant which resulted from a specific traumatic incident of her work. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Fuller v. Motel 6 · filed 1998-12-11(6)

On 15 July 1996, the plaintiff sustained an injury by accident arising out of and in the course of her employment with the defendant. N.C.G.S. § 97-2(6).
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An injury sustained while an employee performs usual work in the customary manner is not an injury by accident under § 97-2(6).

Moore v. Stanley Total Living Center · filed 1998-12-28(6)

An injury which results from the performance of the employee's usual work routine in the customary manner is not compensable.
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Section 97-2(6) defines a compensable injury as an injury by accident arising out of and in the course of employment.

Dial v. Pembroke Farm · filed 1999-01-21(6)

1. On January 22, 1990, the plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant-employer, which resulted in a lower back strain. N.C.G.S. § 97-2(6).
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Section 97-2(6) limits a compensable injury to an injury by accident arising out of and in the course of employment.

Whitley v. Food Lion, Inc. · filed 1999-02-04(6)

Plaintiff has failed to prove by the greater weight of the competent, credible, or convincing evidence that on November 5, 1996, he sustained an injury by accident arising out of and in the course of his employment with employer-defendant in that he did not injure his back as a result of an accident or a specific traumatic incident while performing his assigned work duties. Employee-plaintiff's testimony to the contrary is not accepted as credible or convincing and was contradicted by the stipulated employment and medical records, along with the testimony of Physician's Assistant Ruhlman and Dr. William O. Bell. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident as one arising out of and in the course of employment.

Green v. Charlotte Mecklenburg Board of Education · filed 1999-09-21(6)

The plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant on 4 February 1997 which caused an aggravation of the plaintiff's pre-existing left leg condition. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines a compensable injury as an injury by accident arising out of and in the course of employment.

Long v. Piedmont Natural Gas · filed 1999-10-22(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of his employment. N.C.G.S. § 97-2.
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Section 97-2(6) defines an injury by accident arising out of and in the course of employment.

Green v. Charlotte Mecklenburg B.O.E. · filed 1999-11-23(6)

The plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant on 4 February 1997 which caused an aggravation of the plaintiff's pre-existing left leg condition. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Wilkins v. Asheboro Elastics · filed 2000-01-21(6)

On January 8, 1998, plaintiff sustained an injury by accident arising out of and in the course of her employment resulting in a rotator cuff tear. N.C.G.S. § 97-2(6).
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Section 97-2(6) governs whether an injury qualifies as a new injury by accident.

Everhart v. Pdci, Inc. · filed 2000-02-14(6)

Plaintiff's compensable injury by accident of 23 December 1997 constituted neither a new injury by accident pursuant to N.C.G.S. § 97-2(6) nor a change of condition pursuant to N.C.G.S. § 97-47.
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Section 97-2(6) requires an injury by accident to involve an unlooked-for or untoward event distinct from an employee's usual and customary work.

McLeod v. Catholic Diocese of Raleigh · filed 2000-09-19(6)

Despite the fact that plaintiff may have strained his shoulder while lifting a table at work on 7 May 1998, plaintiff did not sustain an injury by accident as defined in the North Carolina Workers Compensation Act. Because he was performing his work in his usual and customary manner, and because there was no unlooked for or untoward event, plaintiff has failed to prove by the greater weight of the evidence that he sustained an injury by accident arising out of and in the course and scope of his employment with defendant-employer. N.C.G.S. § 97-2(6); Davisv. Raleigh Rental Center, 58 N.C. App. 113, 292 S.E.2d 763 (1982).
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Section 97-2(6) defines the injury and personal injury covered by the Workers' Compensation Act.

Brock v. Henderson County Schools · filed 1999-02-03(6)

Plaintiff's prior injuries to her back were not exacerbated by, or related to, her traffic accident in 1995. Plaintiff did not suffer from any period of temporary total disability or further injury or exacerbation of any of her previous conditions as a result of the September 21, 1995 bus accident. N.C.G.S. § 97-2(6).
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Section 97-2(6) limits compensable injury to an injury by accident arising out of and in the course of employment, subject to its stated disease exception.

Kirkland v. the Travelers, Nos. 669061 · filed 2001-09-13(6)

Plaintiff has failed to prove that she has sustained an injury by accident or an occupational disease arising out of and in the course and scope of her employment in conjunction with her complaints of elbow pain beginning in March 1999 or her lateral epicondylitis. N.C.G.S. §97-2(6); § 97-53.
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Section 97-2(6) defines a compensable injury as an injury by accident arising out of and in the course of employment.

Greeson v. Northern Telecom · filed 2001-09-17(6)

On June 20, 1996, plaintiff sustained an injury by accident to her left knee arising out of and in the course and scope of her employment with defendant-employer. Furthermore, the greater weight of the evidence demonstrates that plaintiff's current knee condition including the surgeries of September 23, 1998 and July 9, 1999 is related to plaintiff's original injury by accident of June 20, 1996. Plaintiff's incident in April 1998 was not an intervening cause and any knee difficulties thereafter are a direct and natural result of her original injury. N.C.G.S. § 97-2(6); Horne v. Universal Leaf TobaccoProcessors, 119 N.C. App. 682, 459 S.E.2d 797 (1995).
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Section 97-2(6) covers compensable injuries by accident arising out of and in the course of employment.

Tierney v. Chevrolet · filed 2001-10-17(6)

On October 27, 1997, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer when he hit his head, leg, knee, shoulder and back on the cement floor, suffering a closed head injury. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Gunter v. City of Raleigh · filed 2001-10-22(6)

On May 17, 1997, plaintiff sustained an admittedly compensable injury by accident to his lower back that arose out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) treats an injury by accident arising out of and in the course of employment as a compensable injury.

Martin v. Martin Brothers Grading · filed 2001-10-23(6)

On November 29, 1996 and April 2, 1997, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Byrd v. US Airways, Inc. · filed 2001-10-24(6)

On March 27, 1996, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident as a compensable injury arising out of and in the course of employment.

Sowers v. Leaseway Transportation Service · filed 2001-10-25(6)

On January 30, 1972, Donald Sowers sustained serious and permanent injuries, including a severe brain injury, as a result of a truck accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).
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Subsection (6) requires an injury by accident to arise out of and occur in the course of employment for workers’ compensation coverage.

Taylor v. K-Mart Corp. · filed 2001-11-28(6)

Due to insufficient medical evidence, Plaintiff has not proven that she sustained an injury by accident arising out of and in the course of her employment with Defendant Kmart. N.C.G.S. § 97-2(6).
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Subsection (6) defines an injury by accident arising out of and in the course of employment.

Stull v. Hbe Corporation · filed 2001-12-03(6)

On February 4, 2000, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).
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Subsection (6) defines an injury by accident arising out of and in the course of employment.

Boone v. the Gaston Gazette Freedom Comm, Inc · filed 2002-01-23(6)

On June 22, 1999, plaintiff sustained a compensable injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Kenedy v. Workforce Temps · filed 2002-01-25(6)

On May 3, 1999, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer.
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Section 97-2(6) defines an injury by accident that is compensable under the Workers' Compensation Act.

Guerrero v. Brodie Contractors Inc. · filed 2002-02-05(6)

Plaintiff experienced a compensable injury by accident on April 3, 1997. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident arising out of and in the course of employment under the Workers' Compensation Act.

Hunt v. North Carolina State Univ. · filed 2002-02-06(6)

On May 22, 1998, plaintiff sustained an admittedly compensable injury by accident arising out of and within the course of her employment with the defendant-employer. As a result of the injury by accident of May 22, 1998, plaintiff sustained injuries to her right wrist and low back and developed symptoms of fibromyalgia for which plaintiff required medical treatment. N.C.G.S. § 97-2(6); N.C.G.S. § 97-25.
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Section 97-2(6) defines what counts as an injury by accident under the Workers' Compensation Act.

Edge v. Stone Manufacturing · filed 2002-02-07(6)

Plaintiff did not sustain an injury by accident in the course and scope of employment with defendant-employer as defined by the Act. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident as one arising out of and in the course of employment.

McKinnon v. L S Holding Co. · filed 2002-02-20(6)

Plaintiff sustained an injury by accident arising out of and in the course of his employment on December 21, 1998. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines a compensable injury as an injury by accident arising out of and in the course of employment.

Gedrick v. Ppg Industries Inc. · filed 2002-03-04(6)

On September 28, 1998, plaintiff sustained an injury by accident arising out of and in the scope of her employment with defendant-employer which aggravated her prior condition. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident to require an interruption of the employee's normal work routine.

Griggs v. Eastern Omni Constructors · filed 2002-03-18(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 April 6, 1999. N.C.G.S. § 97-2(6).
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Section 97-2(6) treats an injury caused by a deviation from an employee's normal work routine while performing work duties as an injury by accident.

Smith v. Liberty Hardware Mfg. · filed 2002-02-15(6)

Plaintiff sustained an injury by accident while in the course and scope of her employment with defendant-employer on or about October 8, 1999. Plaintiff's injury by accident was caused by her deviation from her normal work routine while performing inventory duties for defendant defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) addresses whether a worker's problems resulted from an injury by accident arising out of and in the course of employment.

Payne v. Corporate Express Delivery Systems, Inc. · filed 2002-03-20(6)

Plaintiff's problems did not result from an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers injuries by accident arising out of and in the course of employment.

Echols v. Granville Medical Management, Inc. · filed 2002-03-20(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant-employer on 15 August 1998. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an admittedly compensable injury by accident sustained in the course and scope of employment.

Thomas v. Aegis Family Health Centers · filed 2002-03-26(6)

Plaintiff sustained an admittedly compensable injury by accident while in the course and scope of her employment with defendant-employer on August 2, 1997. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident arising out of and in the course of employment.

Cameron v. Lawndale Manor, Inc. · filed 2002-04-05(6)

On 3 August 1999, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident arising out of and in the course of employment as compensable.

Smith v. Housing Authority of Asheville · filed 2002-04-17(6)

On April 17, 1997, plaintiff sustained a physical injury by accident arising out of and in the course of her employment with defendant-employer when she fell from a chair and landed on the floor. As a result, she suffered minor temporary physical injuries to her left knee and left shoulder, which did not result in any permanent impairment or disability.
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

McGrady v. Olsten Corp. · filed 2002-04-18(6)

On July 26, 1999, plaintiff sustained a compensable injury by accident arising out of and in the course of her employment with defendant-employer when she fell from a pear tree while picking a pear for the consumption of her employer's patient. N.C.G.S. § 97-2(6);cf. Dehart v. Betty Breaux Personnel, Inc., 535 So.2d 456 (La.App. 1988) (fall from pear tree compensable).
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Section 97-2(6) defines an injury by accident for determining whether a heart attack is compensable under the North Carolina Workers' Compensation Act.

Smith v. Barclays American Mortgage · filed 2002-04-24(6)

Plaintiff has failed to carry the burden of proof in this case that the deceased's heart attack is compensable as an injury by accident as defined by the North Carolina Workers' Compensation Act. N.C.G.S. §97-2(6).
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Section 97-2(6) defines a compensable injury by accident.

Guerro v. Brodie Contractors Inc. · filed 2002-04-30(6)

Plaintiff experienced a compensable injury by accident on April 3, 1997. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident arising out of and in the course of employment.

Buie v. Cumberland County Board of Education · filed 2002-05-07(6)

On 26 January 1998, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) defines an injury by accident for workers' compensation purposes.

Fox v. Wal-Mart Stores, Inc. · filed 2002-05-07(6)

Plaintiff has failed to prove by the greater weight of the evidence that she sustained a compensable injury by accident or an occupational disease as a result of her job duties with defendant-employer. N.C.G.S. §§ 97-2(6), 97-53(13).
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Section 97-2(6) requires a compensable injury to result from an accident arising out of and in the course of employment.

Landry v. US Airways, Inc. · filed 2002-05-07(6)

In order to be compensable under the Workers’ Compensation Act, an injury must result from an “accident arising out of and in the course of the employment.” N.C.G.S. § 97-2(6) (1999). ... Plaintiff’s undisputed testimony supports only one finding, namely that an unlooked for and untoward event occurred which was not expected by Plaintiff. ... This finding leads to the conclusion Plaintiff sustained an injury by accident when he lifted the mailbag.
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Section 97-2(6) covers a work accident that aggravates or exacerbates a pre-existing, asymptomatic back condition.

Crowder v. Preston Trucking Co. · filed 2002-06-14(6)

On 19 May 1999, plaintiff sustained an injury by accident to his back arising out of and in the course of his employment with defendant that aggravated or exacerbated his pre-existing, asymptomatic back condition. G.S. § 97-2(6).
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Section 97-2(6) covers a cervical spine injury, including a herniated disc, sustained in the course and scope of employment.

Price v. Coward Wholesale Florist · filed 2002-06-17(6)

Plaintiff sustained an injury to her cervical spine, particularly including a herniated disc at C6-7, in the course and scope of her employment on November 29, 1995. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury caused by an accidental fall while performing work duties.

Price v. Carolina Tree Care, Inc. · filed 2002-06-17(6)

Plaintiff sustained an injury by accident to his neck and back arising out of the course of his employment with defendant on July 27, 1999 when he had slipped and fell while climbing over the back of a dump truck landing flat on his feet which caused an acute and traumatic injury to his back. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Brownlow v. K-Mart Corporation · filed 2002-06-20(6)

Plaintiff sustained an injury by accident arising out of and in the course of the employment on 9 July 1997. N.C.G.S. § 97-2(6).
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Section 97-2(6) requires an accident or untoward event to establish an injury by accident; an injury arising during normal work activities does not qualify.

Johnson v. bridgeston/firestone · filed 2002-07-09(6)

The evidence fails to establish that Plaintiff sustained an injury by accident arising out of and in the course of his employment with Defendant Bridgestone/Firestone on or about May 27, 1999. N.C.G.S. § 97-2(6). There is no competent evidence of an accident or untoward event which caused plaintiff's injury. The greater weight of the competent evidence is that plaintiff was performing his normal work activities.
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Section 97-2(6) covers an injury caused by an accident or specific traumatic incident in the course and scope of employment.

Coppley v. Ppg Industries · filed 2002-07-10(6)

Plaintiff sustained an injury, consisting of piriformis and left-sided lateral rotator syndrome, by accident or specific traumatic incident on 6 January 1995, while in the course and scope of her employment with defendant. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident sustained in the course and scope of employment.

Hargrove v. Batts Temporary Service · filed 2002-07-10(6)

Plaintiff sustained an injury by accident on August 16, 2000 while in the course and scope of employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) requires a claimant to prove a compensable injury by accident by the greater weight of competent evidence.

Scott v. Town of Bailey · filed 2002-07-17(6)

Plaintiff has failed to establish by the greater weight of the competent evidence that on or about June 19, 1998 he sustained a compensable injury by accident. N.C.G.S. § 97-2(6).
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Section 97-2(6) requires a claimant to prove by the greater weight of the evidence an injury by accident arising out of and in the course of employment.

Wright v. Carolina Steel and Stone, Inc. · filed 2002-07-18(6)

Plaintiff has failed to prove by the greater weight of the evidence that he sustained injuries by accident arising out of and in the course of his employment with defendant-employer on December 8, 1999 and/or January 26, 2000.
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Section 97-2(6) requires an injury to be caused by an accident arising out of and in the course of employment; distress following an ordinary performance meeting does not satisfy the accident requirement.

Pitillo v. NC DEPT. OF ENV. HEALTH · filed 2002-08-06(6)

Thus, an injury is compensable under the North Carolina Workers' Compensation Act only if (1) it is caused by an "accident," and (2) the accident arises out of and in the course of employment. N.C.G.S. § 97-2(6) (2001). ... We conclude that these findings are amply supported by competent evidence in the record, and further conclude that they support the Industrial Commission's conclusion that plaintiff did not suffer an injury by accident.
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Section 97-2(6) requires an accident arising out of and in the course of employment; psychological harm following a routine performance review meeting is not an injury by accident.

Pitillo v. N.C. Department of Environmental Health & Natural Resources · filed 2002-08-06(6)

Thus, an injury is compensable under the North Carolina Workers’ Compensation Act only if (1) it is caused by an “accident,” and (2) the accident arises out of and in the course of employment. N.C.G.S. § 97-2(6) (2001). ... We conclude that these findings are amply supported by competent evidence in the record, and further conclude that they support the Industrial Commission’s conclusion that plaintiff did not suffer an injury by accident.
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Section 97-2(6) covers an injury by accident when an employee falls and strikes a workplace pallet that contributes to the injury.

Boney v. Winn Dixie, Inc. · filed 2002-08-12(6)

On August 21, 1998 decedent clearly sustained an injury by accident in the course of his employment with defendant. Decedent's employment contributed to his injury and death in that the presence of the pallet was a hazard for someone falling from a standing position.
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Section 97-2(6) treats an injury as an injury by accident when an unexpected occurrence interrupts normal working conditions, even if the task is routine.

Sprinkle v. D.O. Creasman Company, Inc. · filed 2002-08-21(6)

However, the fact that on August 17, 1999, the rod was stuck tighter than usual when plaintiff had previously performed the same action constituted an unusual event that was out of the ordinary and not a part of plaintiff's customary work duties. As plaintiff's normal working conditions were interrupted by this unexpected occurrence while performing his work tasks, plaintiff incurred a compensable injury by accident thereby entitling him to all benefits available under the Workers Compensation Act.
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Gosig v. Airway Moving Storage · filed 2002-08-21(6)

On December 28, 1999, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers a back injury caused by an accident arising out of and in the course of employment.

Johnson v. Austin Company of Greensboro · filed 2002-09-18(6)

On or about February 10, 1997, plaintiff sustained an injury by accident to his back which arose out of and in the course of his employment with defendant-employer.
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Notes 1801–1950 of 3,404, oldest cases first.

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