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No reviewed case has held this section invalid, preempted, superseded or repealed.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

A fatal cardiac incident does not qualify as an injury by accident under § 97-2(6) when the employee's work routine was uninterrupted and no unusual event or condition occurred.

Dillard v. Merchants, Inc. · filed 2002-09-19(6)

There was no interruption of the deceased's work routine, nor was there an unusual event or an introduction of unusual conditions likely to result in unexpected consequences on 4 April 1996 or in the days leading up to his death. ... The acute cardiac incident that caused deceased's death on 4 April 1996 did not result from 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 of employment.

Baker v. Sam's Club · filed 2002-09-20(6)

On May 24, 1996, the plaintiff sustained an admittedly 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) requires an injury by accident arising out of and in the course of employment.

Hadnot v. manpower/greenwood Group · filed 2002-09-25(6)

Employee-Plaintiff did not sustain an injury by accident in February 1999, arising out of and in the course of his employment.
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Section 97-2(6) requires proof that burns resulted from an injury by accident for the claim to be compensable.

Powell v. Whitley · filed 2002-09-30(6)

Plaintiff's burns were not the result of any injury by accident sustained on April 21, 2000 or April 22, 2000. 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 and scope of employment.

Van Luven v. Freeway Foods, Inc. · filed 2002-09-30(6)

On June 10, 2000, plaintiff sustained an injury by accident arising out of and in the course and scope 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 sustained while performing work duties.

Cagley v. Sain Heavner Trucking Co. · filed 2002-10-18(6)

The greater weight of the evidence presented shows that Plaintiff suffered an injury by accident on October 14, 1999. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident that arises out of and in the course of employment.

Johnson v. Austin Co. of Greensboro · filed 2002-10-24(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. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers a new back injury caused by a workplace fall, even when the worker had an earlier back injury.

Gibson v. Geymont Const. Co. · filed 2002-10-29(6)

Plaintiff experienced a new injury to his back on August 27, 1999, and Defendant Geymont Construction Company and its insurance carrier CompFirst are responsible for paying ongoing temporary benefits from July 20, 2000 and continuing. N.C.G.S. § 97-2(6), N.C.G.S. § 97-29.
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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 resulted from employment.

Ward v. Broughton Hospital · filed 2002-11-25(6)

Plaintiff has failed to prove by the greater weight of the evidence that he sustained an injury by accident as a result of his employment with defendant-employer. N.C.G.S. § 97-2(6).
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Section 97-2(6) requires proof of an injury by accident arising out of and in the course of employment for a claim to be compensable.

Reich v. Campbell Construction Company · filed 2002-12-19(6)

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 with defendant-employer on March 20, 2000; therefore, plaintiff's claim is not compensable under the North Carolina Workers' Compensation Act. 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.

Moody v. Mecklenburg County · filed 2002-12-20(6)

On 15 August 1994 decedent suffered 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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A neck condition that gradually worsened after surgery and a return to work, without proof of a specific traumatic incident, did not qualify as an injury by accident under § 97-2(6).

Heaffner v. Firestone Fibers Textiles · filed 2003-01-07(6)

Rather, the Commission finds that plaintiff's symptoms gradually worsened following his first surgery and return to work. ... Plaintiff did not sustain an injury by accident arising out of and in the course of his employment with the employer on August 17, 1999. 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.

Smith v. McDowell Cty. · filed 2003-03-07(6)

The plaintiff suffered a compensable injury by accident while in the course and scope of his employment with the defendant-employer on July 20, 1992, resulting in an abdominal strain. N.C.G.S. § 97-2(6).
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Section 97-2(6) requires proof that a work-related accident or specific traumatic incident caused the claimed back injury.

Horton v. Avx Corp. · filed 2003-03-18(6)

Plaintiff has failed to prove by the greater weight of the competent evidence that on or about February 12, 1998 she sustained an injury by accident or specific traumatic incident arising out of and in the course of her employment with defendant-employer which caused injury to her back; therefore, plaintiff's claim must be denied. N.C.G.S. § 97-2(6).
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Section 97-2(6) treats a shoulder injury caused by a fall from a tractor trailer at work as a compensable injury by accident.

Tucker v. Stegall Milling Co. · filed 2003-03-18(6)

Plaintiff suffered a compensable injury by accident on January 19, 2001 to his right shoulder when he fell out the back door of his tractor trailer. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers a temporary aggravation of a preexisting condition caused by a workplace accident, but excludes an unrelated condition.

Pierce v. Greenville Glass Co. · filed 2003-03-20(6)

Plaintiff sustained a compensable injury by accident to his cervical spine arising out of and in the course of his employment with defendant-employer on or about March 24, 2000. Plaintiff's accident resulted in a cervical strain and a temporary aggravation of his preexisting degenerative cervical spondylosis that resulted in a temporary inability to perform the duties of his employment. N.C.G.S. § 97-2(6). Plaintiff's injury does not include his polyneuropathy.
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Section 97-2(6) requires credible evidence of an injury by accident arising out of and in the course of employment.

Helms v. Whiteside Home Builders · filed 2003-03-21(6)

Plaintiff has failed to provide credible evidence to establish a compensable 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 left shoulder injury by accident and a cervical strain resulting from a specific traumatic incident of assigned work.

McDowell v. Charlotte Mecklenburg Hosp. Auth. · filed 2003-03-21(6)

On May 24, 2000, plaintiff sustained an injury by accident to her left shoulder and specific traumatic incident of the work assigned resulting in a cervical strain. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers back injuries caused by specific traumatic incidents arising out of and in the course of employment.

Kimbrough v. Mikes' Transmission Svc. · filed 2003-03-21(6)

On November 22, 2000 and September 4, 2001, plaintiff sustained compensable injuries by accident to his back arising out of and in the course of his employment with defendant-employer.
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An accidental fall arising out of and in the course of employment that causes a disc herniation is a compensable injury.

Hodges v. Equity Group · filed 2003-03-26(6)

On April 16, 2001, the plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer, when he fell and suffered a disc herniation. N.C.G.S. § 97-2(6).
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Section 97-2(6) requires proof by the greater weight of the evidence of an injury by accident arising out of and in the course of employment or a specific traumatic incident of the work assigned.

Bennett v. Mecklenburg Health Care Ctr. · filed 2003-04-17(6)

The plaintiff has failed to prove by the greater weight of the evidence that she sustained an injury by accident arising out of and in the course of her employment with defendant-employer on 8 April 1999, or that she sustained a specific traumatic incident of the work assigned on 8 April 1999.
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Williams v. Bladen Cty. B.O.E. · filed 2003-06-17(6)

On December 13, 2000, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant to her right knee. N.C.G.S. § 97-2(6).
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Section 97-2(6) requires proof of an injury by accident or a specific traumatic incident arising out of and in the course of employment to receive compensation.

Spears v. Zurn Industries · filed 2003-06-26(6)

Plaintiff has failed to prove by the greater weight of the evidence that she sustained any injury by accident or specific traumatic incident to her low back arising out of and in the course of her employment with defendants on or about April 1, 1998; therefore, plaintiff is not entitled to compensation pursuant to the North Carolina Workers' Compensation Act.
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Section 97-2(6) requires proof of an injury by accident or a specific traumatic incident of assigned work for this injury claim.

Alston v. Louisburg Nursing Ctr. · filed 2003-07-01(6)

The plaintiff has failed to prove by the greater weight of the evidence that she sustained an injury by accident on April 26, 2001, or that she sustained a specific traumatic incident of the work assigned. 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.

Allen v. Southag Manufacturing. · filed 2003-07-16(6)

Plaintiff suffered a compensable injury by accident arising out of and in the course of his employment on March 17, 1999.
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Section 97-2(6) covers falls at work that constitute injuries by accident arising out of and in the course of employment.

Aboagwa v. Raleigh Lions Clinic for the Blind · filed 2003-07-28(6)

On October 23 and 26, 2000, plaintiff's falls at work constituted injuries by accident arising out of and in the course of her employment with defendant-employer.
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Section 97-2(6) covers a back injury caused by lifting and twisting at work as an injury by accident arising out of and in the course of employment.

Haywood v. Mgm Brakes · filed 2003-07-30(6)

On or about February 1, 2000, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer, as a result of which he sustained injury to his back. N.C.G.S. § 97-2(6).
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An employee’s stumble and fall on the employer’s premises can qualify as an injury by accident arising out of and in the course of employment.

Laws v. Wilkes Senior Village · filed 2003-08-28(6)

On February 21, 2000, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer when she stumbled and fell on defendant-employer's premises injuring her left leg. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers hand, shoulder, and back injuries resulting from a workplace accident as a compensable injury by accident.

Herndon v. Evans Sheet Metal · filed 2003-08-28(6)

On May 2, 2001 plaintiff sustained a compensable injury by accident resulting in a right finger PIP joint flexion as a direct and proximate result of his May 2, 2001 compensable injury, contracture, complete dislocation of the PIP joint with probably fracture fragment, reflex sympathetic dystrophy associated with the right hand injury, chronic subscapularis rupture with biceps tendon subluxation of the right shoulder, and back injury. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers an injury by accident when an employee slips while climbing into a tow motor and briefly hangs by one arm.

Fraley v. Packaging Corp. of America · filed 2003-08-29(6)

On 24 August 2000, the 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 when the employee is performing work outside his normal duties.

Lefrancois v. Industrial Opportunities, Inc. · filed 2003-09-02(6)

On 23 June 1999, the 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.

Smith v. Intl. Paper Co. · filed 2003-09-10(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer on January 11, 2001.
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Section 97-2(6) requires proof of an injury by accident arising out of and in the course of employment for workers' compensation benefits.

Simmons v. Simmons · filed 2003-09-24(6)

Plaintiff has failed to prove that he sustained an injury by accident arising out of and in the course of the employment and is therefore not entitled to benefits under the Workers' Compensation Act. N.C.G.S. § 97-2(6).
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Section 97-2(6) covers a knee injury caused by slipping and falling from a ladder at work as a compensable injury by accident.

Quertermous v. Mills · filed 2003-09-26(6)

Plaintiff sustained a compensable injury by accident to her right knee on October 3, 2000. N.C.G.S. § 97-2(6).
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An interruption of an employee's normal work routine that introduces unusual conditions can constitute an injury by accident under § 97-2(6).

Todd v. Vitafoam · filed 2003-10-03(6)

On August 16, 2000, Plaintiff sustained an injury by accident, arising out of and in the course of her employment with the Defendant-Employer, involving an interruption of Plaintiff's normal work routine and the introduction thereby of unusual conditions, resulting in an injury to her left shoulder.
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Section 97-2(6) covers an injury by accident sustained in the course and scope of employment.

Jessup v. Butcher the Baker · filed 2003-10-17(6)

Plaintiff sustained an injury by accident while in the course and scope of her employment with Defendant-Employer.
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Section 97-2(6) requires an injury by accident arising out of and in the course of employment.

Henryhand v. Moses Cone Hosp. · filed 2003-10-30(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of her employment on 2 December 1998. 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.

King v. Cooper Electric Co. · filed 2003-10-30(6)

On March 2, 2000, the plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer, a low back strain and resulting right leg pain and low back pain. N.C.G.S. § 97-2(6).
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An unexpected condition that interrupts an employee’s normal routine can make a resulting injury an injury by accident.

KONRADY, EMPLOYEE v. US Airways, Inc. · filed 2004-08-03(6)

Under the standard of review applicable to appeals from the Industrial Commission, we hold that the Commission’s conclusion that plaintiff’s injury resulted from an accident is supported by its findings of fact, which are in turn supported by competent evidence.
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Section 97-2(6) covers an injury caused by a chipper’s fan blade striking an employee while he worked.

Baucom v. Langston Tree Svc. · filed 2004-11-18(6)

On September 10, 2001, plaintiff sustained an injury by accident arising out of and in the course of his employment with employer-defendant.
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Section 97-2(6) requires an injury by accident; an injury during regular job duties is not compensable without an unusual event.

Chavers v. Electrical · filed 2007-09-28(6)

Accident means a fortuitous event or some unusual, unexpected or untoward incident. O'Mary v. Land Clearing Corp., 261 N.C. 508,135 S.E.2d 193 (1964). Plaintiff cannot sustain a compensable injury if the injury occurred while he was performing his regular job duties.
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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.

Gray v. United Parcel Service, Inc. · filed 2013-03-19(6)

Section 97-2(6) of the North Carolina General Statutes states the definition of injury under the [Act] and articulates the controlling rule in the case sub judice: “ ‘Injury and personal injury’ shall mean only injury by accident arising out of and in the course of the employment. ...” N.C.G.S. § 97-2(6) (2005).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

McLean v. Eaton Corporation · filed 1995-11-07(6)

Plaintiff sustained an admittedly compensable injury by accident arising out of and in the course of his employment on 21 March 1992.
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Ragazzone v. Whispering Pines Nursing Home · filed 1996-08-30(6)

On 5 May 1993, plaintiff sustained an admittedly compensable back injury by accident arising out of and in the course of 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.

Greene v. Benco Steel · filed 1996-10-09(6)

On 26 March 1992 plaintiff sustained an admittedly compensable injury to his back 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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Section 97-2(6) covers a back injury sustained in a compensable accident.

Jordan v. Oakwood Homes · filed 2003-08-11(6)

Plaintiff sustained a compensable injury to his back on October 27, 2001. 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.

Bolton Deal v. North Carolina Packaging Plant · filed 2009-12-29(6)

On September 20, 2006 plaintiff sustained a compensable injury by accident to her right knee 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.

Alexander v. Aaa Cooper Transportation · filed 2011-01-03(6)

On August 26, 2008, plaintiff sustained an admittedly compensable injury by accident arising out of and in the course of his employment with defendant-employer involving his head, neck, and left shoulder.
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Conditions caused by a compensable injury by accident are covered as consequences of that injury.

McAdams v. Safety Kleen Systems, Inc. · filed 2011-03-24(6)

Plaintiff's torticollis, migraine headaches, seizure-like spasms, as well as depression and anxiety, are a result of his compensable injury by accident on March 22, 2007.
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment.

Woodruff v. Central Piedmont Community College · filed 2011-09-15(6)

On January 8, 2010, plaintiff sustained an injury by accident arising out of and in the course of her employment. As a result of her compensable accident, she sustained injuries to her left knee, right foot, lower back, and upper back. N.C. Gen. Stat. § 97-2 (6).
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Gradual onset and cumulative trauma

Section 97-2(6) requires an injury by accident arising out of and in the course of employment; injuries from a gradual onset of pain while operating a sewing machine do not meet that requirement.

Sanders v. K R Sportswear · filed 1995-10-24(6)

As to the incident in August 1992, involving the gradual onset of pain due to the difficult operation of the sewing machine pedal, any injuries to plaintiff's leg, hip and back were not sustained as the direct result of an accident arising out of and in the course of her employment with defendant-employer.
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A gradual worsening of back pain from job duties, without an accident or specific traumatic incident, does not establish a new injury under § 97-2(6) when the condition remains attributable to an earlier compensable injury.

Davis v. Premark International, Inc. · filed 2000-01-06(6)

Plaintiff did not sustain any injury by accident or specific traumatic incident in the course of her employment with Bussman Industries in October or November, 1995. After her assignment to a new job in October, 1995, plaintiff experienced a gradual worsening of her back pain, rather than an isolated specific onset of pain. ... Plaintiff's worsened back condition is attributable to her original back injury of August 16, 1988, and subsequent back surgeries. N.C. Gen. Stat. § 97-2 (6).
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Falling objects at work

Section 97-2(6) covers an injury by accident arising out of and in the course of employment when a falling object strikes a worker or a road bump jolts a worker during a delivery.

Hartley v. Jones Frames, Inc. · filed 2004-06-22(6)

Plaintiff sustained an injury by accident arising out of and in the course of his employment on 8 August 2001 as a result of being struck on the back and neck by a falling bed frame and on 15 August 2001 when his neck snapped after hitting a bump in the road while making a delivery to Fayetteville.
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Section 97-2(6) treats a workplace wrist sprain caused either by horseplay or by falling lumber as an injury by accident.

Sherrill v. Shook Builder Supply Company · filed 2006-02-14(6)

Plaintiff sustained an injury by accident to his left wrist on March 27, 2003. Although Plaintiff gave two different versions of how the accident occurred, either version would have constituted an injury by accident. Based on the greater weight of the evidence, Plaintiff did sustain a wrist sprain on March 27, 2003. N.C. Gen. Stat. § 97-2 (6).
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Machinery and equipment accidents

Section 97-2(6) covers a workplace injury caused when the brakes on equipment the employee was operating failed.

Gunnoe v. Fabrics · filed 2002-07-15(6)

Plaintiff sustained an injury by accident while in the course and scope of employment with Joan Fabrics on or about December 2, 1998 when the brakes on his tugger failed. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers injuries caused when workplace machinery unexpectedly reverses and pulls an employee into it during work.

Myers v. Bbf Printing Solutions · filed 2006-07-13(6)

On the morning of August 9, 2001, plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant-employer when a printing press's rewind shaft unexpectedly operated in a reverse direction, injuring plaintiffs left thumb, left hand, left shoulder, and left arm. ... On August 9, 2001, plaintiff sustained an injury by accident to his left thumb, left hand, left arm, and left shoulder arising out of and in the course of his employment by defendant-employer. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers an accidental eye injury sustained while working in the employer’s machine shop.

Hamze v. Auto Body of America, Inc. · filed 2009-03-25(6)

On February 16, 2006, 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).
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An unexpected hoist movement that interrupts an employee’s regular work routine and injures the employee qualifies as an injury by accident under § 97-2(6).

Cain v. Rand · filed 2010-07-27(6)

The circumstances of plaintiff's injury on May 8, 2008 constituted an interruption of plaintiff's regular work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences. 12. On May 8, 2008, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer.
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Lifting, pulling, and pushing injuries

Section 97-2(6) treats a work-related lifting incident that causes a ruptured disc as a compensable injury by accident when the incident is the final precipitating cause, even if a prior back condition increased susceptibility.

Miller v. Best Products, Inc. · filed 1999-04-07(6)

The greater weight of the evidence is that plaintiff sustained a ruptured disc on 23 February 1997 as a result of lifting a tire arising from his employment at defendant Pep Boys. ... It is likely plaintiff's prior back condition contributed to his susceptibility to sustaining another ruptured disc, however, the incident of lifting the tire at work on 23 February 1997 at Pep Boys was the final precipitating causal factor. ... On 23 February 1997, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant Pep Boys. N.C. Gen. Stat. § 97-2 (6).
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A change from an employee’s usual duties requiring heavier lifting can interrupt the usual work routine and establish an injury by accident under § 97-2(6).

Moose v. Hexcel-Schwebel · filed 2003-01-27(6)

On August 13, 2000, plaintiff sustained an injury to her left arm and neck when she was filling in as a weaver, which required greater lifting than her usual job activities as a smash technician. This change constituted an interruption of plaintiff's usual job routine, for purposes of establishing an accident, within the meaning of the Act. ... Plaintiff sustained an injury by accident arising out of and in the course of the employment on August 13, 2000. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) treats anal fissures that unexpectedly develop from lifting a heavy box at work as a compensable injury by accident.

McAllister v. Wal-Mart Stores · filed 2004-04-08(6)

On 18 June 2002, plaintiff sustained a compensable injury by accident arising out of and in the course and scope of her employment with defendant-employer when she unexpectedly developed anal fissures resulting in abdominal pain and bleeding due to lifting a heavy box at work. N.C. Gen. Stat. § 97-2 (6) (2003).
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Under § 97-2(6), a worker claiming a back injury while lifting garbage cans need only prove that the injury occurred during a cognizable period of work, without identifying the precise act or can.

Pickett v. City of Jacksonville · filed 2004-06-22(6)

Plaintiff is not required to prove what he did to injure his back while lifting a garbage can or what specific can he was lifting when the injury occurred. He is only required to prove that he injured his back while lifting garbage cans while working his route during a cognizable period of time.
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Section 97-2(6) covers a neck and arm injury sustained while lifting parts at work as a compensable injury by accident arising out of and in the course of employment.

Bowen v. Pass seymour/legrand · filed 2005-07-11(6)

On December 17, 2002, plaintiff sustained a compensable injury by accident arising out of and in the course of her employment with defendant-employer wherein she injured her neck and right arm. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) treats an unexpected shift in a box’s weight that pulls a worker’s arm during lifting as an injury by accident arising out of and in the course of employment.

Thier v. Teeter · filed 2005-07-20(6)

On March 25, 2001 plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer when she attempted to lift a 50-pound box of frozen chicken. The contents of the box shifted, causing the box to pull to one side, jerking plaintiff's right hand, arm, and shoulder. The box's weight shift and plaintiff's hand and arm becoming stuck and pulled were unlooked for and untoward events arising out of and in the course of employment. N.C. Gen. Stat. § 97-2 (6).
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An employee sustains an injury by accident under § 97-2(6) when an unusual occurrence, such as a slip while lifting at work, interrupts the employee’s regular work routine.

Gratz v. Bodford Construction, Inc. · filed 2007-10-16(6)

Plaintiff thereby sustained an injury by accident arising out of and in the course of his employment with defendant-employer. The fact that his foot slipped as he was lifting the railing constituted an unusual occurrence which interrupted his regular work routine.
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Section 97-2(6) covers an employee’s immediate shoulder injury from lifting a delivery box onto his shoulder in the course of his work.

Snipes v. Jimmy's Meat Market · filed 2008-03-18(6)

On December 24, 2004, Decedent sustained an injury by accident arising out of and in the course of his employment with Defendant when he lifted a box of shrimp and upon throwing it onto his shoulder, experienced the immediate onset of pain. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) treats a back injury sustained while lifting a box at work as a compensable injury by accident.

Coe v. Resolve Staffing, Inc. · filed 2008-10-03(6)

Plaintiff sustained a compensable injury by accident on August 2, 2006, when, he picked up a box containing a motor and felt a sharp, stabbing pain in his back. ... Plaintiff sustained a compensable injury by accident to his back on August 2, 2006. N.C. Gen. Stat. § 97-2 (6).
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An increase in back pain from lifting at work does not establish an injury by accident or specific traumatic incident under subsection (6) without competent medical evidence linking the later back condition to the lifting.

Miller v. Stinnes Corporation · filed 2009-02-05(6)

Although on April 9, 2007, plaintiff experienced an increase in back pain when he lifted the box at work, plaintiff did not present competent medical evidence to prove that his back condition after April 9, 2007, was causally related to the lifting incident. As such, on April 9, 2007, plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer or in the form a specific traumatic incident as a result of the work assigned. N.C. Gen. Stat. § 97-2 (6).
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A back injury caused by lifting a heavy bucket at work qualifies as a compensable injury by accident under § 97-2(6).

Jolly v. City of Wilson · filed 2009-04-08(6)

Plaintiff sustained a compensable injury by accident to his back arising out of and in the course of his employment with defendant when he lifted the bucket on November 17, 2006.
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An injury from lifting unusually heavy material can qualify as an injury by accident under § 97-2(6) when the weight creates a new circumstance outside the employee’s usual work routine and requires unusual or extreme exertion.

Damitz v. Print USA, Inc. · filed 2009-12-14(6)

While Plaintiff had lifted and dumped trash cans of scrap paper before, the trash cans he lifted on November 8, 2007 weighed significantly more due to the unusual size of the scrap paper. This was a new circumstance that was not part of Plaintiff's usual work routine and required unusual or extreme exertion. ... Plaintiff sustained a compensable injury to his right arm as a result of an accident arising out of and in the course of his employment with Employer-Defendant on November 8, 2007. N.C. Gen. Stat. § 97-2 (6).
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Workplace falls and slips

Section 97-2(6) covers a worker’s fall on workplace steps while reporting to work as an injury by accident arising out of and in the course of employment.

Cannon v. Klear Knit, Inc. · filed 1998-07-28(6)

The plaintiff sustained an injury by accident arising out of and in the course of the employment on September 15, 1994 when she fell up the steps at work, striking her right leg in the shin area above the ankle. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers a fall while descending steps at work that is not due to an idiopathic condition as an injury by accident arising out of and in the course of employment.

Causey v. Lane Company, Inc. · filed 1999-05-06(6)

Plaintiff suffered an injury by accident arising out of and in the course of her employment on August 28, 1995 when her leg flew out from under her as she was descending steps at work. Plaintiff's fall was not due to an idiopathic condition.
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Section 97-2(6) treats a slip and fall that interrupts the employee’s regular work routine as an injury by accident arising out of and in the course of employment.

Morris v. R.J. Reynolds · filed 1999-09-01(6)

On 11 April 1996, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant. The fact that he slipped and fell constituted an unusual occurrence which interrupted his regular work routine.
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Section 97-2(6) treats an unusual, unforeseen fall arising out of and in the course of employment as an accident.

Janney v. J. W. Jones Lumber Company, Inc. · filed 2000-01-31(6)

In the instant case, the plaintiff's injuries were as a result of his accidental fall arising out of and in the course of his employment. N.C. Gen. Stat. § 97-2 (6). The fall itself is the unusual, unforeseen occurrence which is the accident.
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An injury by accident arising out of and in the course of employment falls within § 97-2(c).

Fisher v. Arkansas Best Freight System · filed 2000-03-09(c)

On July 12, 1995, plaintiff sustained numerous injuries by accident arising out of and in the course of his employment with defendant resulting in injuries to plaintiff's ankle, leg and back. N.C. Gen. Stat. § 97-2 (c).
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An employee’s fall while climbing steps in the course of employment is an injury by accident under § 97-2(6).

Swift v. Research and Analytical Laboratories · filed 2000-03-16(6)

Plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer when he fell while climbing steps on April 19, 1996.
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Section 97-2(6) treats an injury caused when a box being lifted makes an employee fall forward at work as a compensable injury by accident.

Fowler v. Wal-Mart Stores, Inc. · filed 2001-10-05(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course and scope of her employment on 17 August 1999 when the box that she was lifting caused her to fall forward to the floor. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2 treats a back injury caused when a desk falls on and pins a worker as an injury by accident.

Fredell v. Midway Carpets · filed 2002-01-18(6)

Plaintiff sustained an injury by accident on January 15, 1999 when a desk fell on him, pinning him to the floor. At that time, he sustained an injury to his back. N.C. Gen. Stat. § 97-2 .
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Section 97-2(6) treats a fall that unusually interrupts an employee’s regular work routine as an injury by accident.

Phillips v. Donn Herr Construction Co. · filed 2002-01-30(6)

The fact that he fell from the platform and landed on some lumber constituted an unusual occurrence which interrupted his regular work routine.
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An employee’s fall while carrying a box at work is an injury by accident when it is an unusual occurrence that interrupts her regular work routine.

Styers v. House · filed 2003-04-11(6)

Plaintiff sustained an injury by accident arising out of and in the course of her employment on 1 August 1995. The fact that she fell, landing on a box, constituted an unusual occurrence which interrupted her regular work routine.
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An employee’s accidental fall at work that causes a fracture qualifies as an injury by accident arising out of and in the course of employment under § 97-2(6).

Bonnett v. Brake x-perts/cwh Automotive · filed 2003-04-29(6)

On October 8, 2001, plaintiff sustained an injury by accident arising out of and in the course of the employment with defendants when he fell and fractured his left wrist. N.C. Gen. Stat. § 97-2 (6).
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An unexpected fall that interrupts an employee’s normal work routine can constitute an injury by accident arising out of and in the course of employment.

Clark v. Lee · filed 2003-07-15(6)

The 14 November 2000 fall experienced by plaintiff was an unexpected and unforeseen event which interrupted her normal work routine. ... Plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant on 14 November 2000.
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A fall from a ladder at work that injures an employee and causes a disk herniation is a compensable injury by accident.

Adams v. Metals USA · filed 2003-09-19(6)

Plaintiff suffered a compensable injury by accident arising out of and in the course and scope of his employment on October 1, 2000 when he fell from a ladder and injured his back, hip, leg and arm. Plaintiff's L5-S1 disk herniation, which required surgery, is causally related to his fall. Plaintiff is entitled to benefits under the North Carolina Workers' Compensation Act for his compensable injury. N.C. Gen. Stat. § 97-2 (6).
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A fall from a scaffold that is an unusual occurrence interrupting an employee’s regular work routine qualifies as an injury by accident arising out of and in the course of employment.

Bockey v. Johnson Constr. · filed 2004-04-01(6)

Plaintiff clearly sustained an injury by accident arising out of and in course of his employment on January 8, 2002. The fact that he fell twelve feet from a scaffold constituted an unusual occurrence which interrupted his regular work routine.
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Section 97-2(6) treats a fall from a scaffold at work that causes broken ankles as a compensable injury by accident arising out of and in the course of employment.

Collins v. Leviner · filed 2004-04-29(6)

Plaintiff sustained a compensable injury by accident, which arose out of and in the course of his employment on 26 March 2001 when he fell from a scaffold at work in South Carolina and broke his ankles while working for defendant Dearl Leviner. N.C. Gen. Stat. § 97-2 (6).
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A fall caused by a preexisting condition can be an injury by accident arising out of employment when required attendance increases the danger of using the employer’s stairs.

Starling v. Sprint Corp. · filed 2004-05-19(6)

Since, by virtue of having to report to work notwithstanding plaintiff's illness, because too many other employees had taken off that day and the defendant/employer's attendance system would not allow plaintiff's absence and plaintiff would have faced disciplinary action had she failed to report to work, plaintiff was placed in a position which increased the dangerous effects of using the employer's stairs which resulted in plaintiff's fall due to an idiopathic condition, her injuries arose out of her employment.
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Section 97-2(6) treats a slip and fall during regular work duties as a compensable injury by accident when it causes an injury.

Parker v. Wackenhut Corp. · filed 2004-07-08(6)

On August 22, 2001, while performing her regular duties with defendant-employer, plaintiff slipped on the cement floor and landed on her buttocks in an awkward position. Her right leg was out in front of her and her left leg was out to the side. This constituted a compensable injury by accident.
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Under § 97-2(6), a worker who trips on a cord and falls while performing regular job duties sustains an injury by accident arising out of and in the course of employment.

Barnhill v. English · filed 2004-10-12(6)

1. On September 11, 2001, plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant-employer. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers an injury by accident arising out of and in the course of employment when an employee slips on a ladder and grabs it to prevent a fall.

Watson v. J.C. Penney Co. · filed 2005-01-03(6)

On October 16, 2002, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer when she slipped on a ladder while re-shelving boxes of shoes, and felt excruciating left-sided pain when she grabbed onto the ladder with her left arm to keep from falling to the floor. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers a flight attendant’s knee injury from tripping over a passenger’s bag while performing work duties as an injury by accident.

Minton v. U.S. Airways · filed 2005-01-12(6)

Plaintiff experienced a compensable injury by accident to her right knee on December 12, 2002 when she tripped and fell over a passenger's bag while performing her duties as a flight attendant for U.S. Airways. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) treats an unexplained fall while performing work duties as an injury by accident arising out of and in the course of employment when the employment circumstances support an inference that the fall originated in the work.

Peters v. Stevens · filed 2005-01-31(6)

By having an unexplained fall, plaintiff suffered an injury by accident arising out of and in the course of his employment. 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, including a fall from a scaffold while performing regular work duties.

Matviiv v. Gartavel Constr. · filed 2005-02-15(6)

On December 13, 2000, Plaintiff sustained an injury by accident arising out of and in the course of his employment with Defendant-employer Gartavel Construction, Inc. N.C. Gen. Stat. § 97-2 (6).
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A work-related slip and fall that aggravates a pre-existing knee condition qualifies as an injury by accident under § 97-2(6).

Carroway v. Elite Trucking Co. · filed 2005-02-18(6)

Plaintiff sustained an injury by accident within the course and scope of his employment with the defendant-employer on March 8, 2002. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers a knee injury from a fall on a newly waxed workplace floor as an injury by accident arising out of and in the course of employment.

Mayshack v. House · filed 2005-03-23(6)

Plaintiff sustained an injury by accident arising out of and in the course of the employment on or about September 24, 2003. N.C. Gen. Stat. § 97-2 (6).
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An employee who slips and falls in the workplace while working sustains an injury by accident arising out of and in the course of employment under § 97-2(6).

Hill v. Mission St. Joseph's Health Sys. · filed 2005-06-03(6)

On July 23, 2001, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant, when she slipped and fell in the kitchen where she was working, resulting in injury to her back and head.
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Section 97-2(6) covers a slip and fall during an authorized work-related smoke break even when the employee used employer-approved crutches.

McWhirter v. Phillips Staffing · filed 2005-07-19(6)

Plaintiff's slip and fall occurred when plaintiff was engaged in the performance of her work duties on defendant's premises and while she was taking a work-related smoke break, an authorized activity. Plaintiff's slip and fall caused her resulting injuries. The fact that plaintiff was ambulating to this smoke break area by use of crutches, which she was given permission to use at work, does not remove the causal connection between plaintiff's slip and fall and her employment.
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A trip and fall causing an ankle injury can qualify as an injury by accident under § 97-2(6).

Jones v. Welfare to Work Program · filed 2005-08-15(6)

Plaintiff sustained an injury by accident to her left ankle on November 1, 2002. N.C. Gen. Stat. § 97-2 (6).
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An employee’s back injury from slipping and falling at work qualifies as an injury by accident arising out of and in the course of employment under § 97-2(6).

Outerbridge v. Perdue Farms · filed 2005-09-09(6)

The plaintiff sustained an admittedly compensable injury by accident arising out of and in the course of the employment on May 15, 2000. As a result of the compensable injury, the plaintiff suffered injury to his back. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers an injury by accident when shelves fall on an employee’s ankle while the employee is working for the employer.

Pittman v. Wal-Mart Stores, Inc. · filed 2005-10-14(6)

On 22 May 2000, Plaintiff sustained a compensable injury by accident arising out of and in the course of his employment when a stack of shelves fell on his right ankle. N.C. Gen. Stat. § 97-2 (6).
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An injury from a workplace fall is compensable as an injury by accident when it arises out of and occurs in the course of employment.

Munford v. Neuse Senior Housing, Inc. · filed 2006-02-21(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course of her employment on August 2, 2001, and on or about November 1, 2001. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers a knee injury caused by falling when a rolling stool moves away as the employee sits during work.

Gilland v. Swannanoa Valley Family Medicine · filed 2006-05-19(6)

As a direct result of work assigned to plaintiff on May 5, 2004, plaintiff sustained an injury by accident arising out of and in the course of her employment, which resulted in injury to her right knee.
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Section 97-2(6) treats a workplace fall that interrupts an employee’s regular work routine as an injury by accident.

Johnson v. Food Lion, Inc. · filed 2006-06-16(6)

On June 13, 2000 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. The fact that he fell and some boxes fell against him constituted an unusual occurrence which interrupted his regular work routine.
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Section 97-2(6) covers an injury caused by an accidental fall arising out of and in the course of employment.

Taylor v. Greensboro Tire Company · filed 2006-07-13(6)

On July 1, 2002, Plaintiff suffered an injury by accident arising out of and in the course of his employment with Defendant-Employer when he fell at work.
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Section 97-2(6) covers an injury by accident when an employee falls from a work truck while completing a delivery.

Jester v. Ct Durham Trucking Company, Inc. · filed 2006-09-13(6)

On August 29, 2004, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment when he fell off the back of his truck and landed on the ground hitting his back and neck. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) treats a knee injury caused by slipping on a wet floor at work as a compensable injury by accident.

Cassone v. Fresh Market · filed 2006-09-18(6)

Plaintiff suffered a compensable injury by accident to her left knee on December 10, 2002. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers injuries from a workplace fall and the aggravation of an existing injury in a later workplace slip.

Graham v. Masonry Reinforcing Corp. of America · filed 2006-10-31(6)

Plaintiff sustained an injury by accident arising out of and in the course of his employment with Defendant-Employer on February 6, 2001, and on August 31, 2001. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) treats an electrical jolt caused by lightning and the resulting fall as an injury by accident when the event is unexpected and interrupts normal work.

Heatherly v. Hollingsworth Company, Inc. · filed 2006-11-03(6)

The electrical charge or jolt to Plaintiff due to the lightning and his resulting fall, constituted an unlooked for and unexpected event and the interruption of his normal work routine.
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Section 97-2(6) covers a slip and fall arising out of and in the course of employment as an injury by accident.

Williams v. Murphy Hinnant, Inc. · filed 2007-01-05(6)

On February 11, 2004, Plaintiff sustained an injury by accident arising out of and in the course of his employment with Defendant-Employer when he slipped and fell injuring his back and elbow.
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Section 97-2(6) treats a fall during employment that causes back and kidney injuries as an injury by accident.

Williamson v. Fluor Corporation · filed 2007-01-08(6)

On January 28, 2003, Plaintiff sustained an injury by accident in his employment with Defendant-employer, when he fell approximately eight (8) feet from a beam resulting in an injury to his back and a bruised kidney. N.C. Gen. Stat. § 97-2 (6).
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An injury from a fall while performing work duties qualifies as an injury by accident under § 97-2(6).

Castro v. Millard Refrigerated Services · filed 2007-02-02(6)

Plaintiff has shown that he sustained an injury by accident to his right arm and shoulder when he fell from a pallet jack while in the course and scope of his employment on April 2, 2004. N.C. Gen. Stat. § 97-2 (6).
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An employee who slips and falls while working can sustain an injury by accident arising out of and in the course of employment under § 97-2(6).

Williams v. Murphy Hinnant Inc. · filed 2007-02-02(6)

On February 11, 2004, Plaintiff sustained an injury by accident arising out of and in the course of his employment with Defendant-Employer when he slipped and fell injuring his back and shoulder. N.C. Gen. Stat. § 97-2 .
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An employee who slips and falls near his machine suffers a compensable injury by accident under § 97-2(6).

Alvarez-Hernandez v. Real Reel Corp. · filed 2007-02-02(6)

On November 5, 2003, plaintiff suffered a compensable injury by accident when he slipped and fell near his machine. N.C. Gen. Stat. § 97-2 (6).
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An employee’s fall on ice in the employer’s parking lot can be a compensable injury by accident under § 97-2(6).

Shufford v. Spartacraft · filed 2007-02-02(6)

On January 28, 2004, plaintiff sustained a compensable injury by accident to her cervical spine, lumbar spine, head and elbows when she fell on ice in the company parking lot.
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An employee sustains an injury by accident arising out of and in the course of employment when she trips over a box at work and twists her back.

Flaugher v. the North Carolina Eye Bank, Inc. · filed 2009-06-04(6)

On February 14, 2008, Plaintiff sustained an injury by accident arising out of and in the course of her employment when she tripped over a box and twisted her back. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) covers a workplace fall caused by slipping in water as an injury by accident when the fall interrupts the employee’s normal work routine and introduces conditions likely to have unexpected consequences.

Wooten v. Dillard's, Inc. · filed 2009-06-08(6)

On 23 February 2006, when plaintiff fell after slipping in a puddle of water, plaintiff sustained a compensable injury by accident to her back that arose out of and in the course of her employment with defendant-employer. The fall constituted an interruption of plaintiff's normal work routine and the introduction thereby of conditions likely to result in unexpected consequences.
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Section 97-2(6) treats a workplace fall that interrupts the normal work routine and introduces conditions likely to have unexpected consequences as an injury by accident.

Underwood v. Delhaize America, Inc./food Lion · filed 2009-07-12(6)

The fall constituted an interruption of plaintiff's normal work routine and the introduction thereby of conditions likely to result in unexpected consequences.
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Section 97-2(6) treats a back injury from a fall during the pursuit of a probation violator as an injury by accident arising out of and in the course of employment.

Barnes v. N.C. Dept. of Correction · filed 2010-04-21(6)

On May 30, 2008 Plaintiff suffered an injury by accident to his back arising out of and in the course of his employment with Defendant.
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Section 97-2(6) covers knee injuries from a fall at work as compensable injuries by accident when they arise out of and in the course of employment.

Buie v. Lewis Treatment Facility, Inc. · filed 2010-04-30(6)

On April 30, 2006, Plaintiff sustained compensable injuries by accident to both her knees and said injuries arose out of and in the course of Plaintiff's employment with Defendant-Employer, Lewis Treatment Facility, Inc. N.C. Gen. Stat. § 97-2 (6).
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An unexpected knee twist while stepping from an unfinished porch onto ground less level than the worker anticipated constitutes an injury by accident.

Culbreth v. Ironmen of Fayetteville, Inc. · filed 2010-05-24(6)

Plaintiff sustained a compensable injury by accident arising out of and in the course of his employment on July 18, 2008, when he misjudged the distance from the porch to the ground and stepped off of a two-foot high, unfinished porch at a new construction site onto ground that was not as level as he thought it was and unexpectedly twisted his right knee, while working for Defendant-Employer. The circumstances resulting in Plaintiff's injury constituted an accident under N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) treats a workplace slip and fall as an injury by accident when the fall is an unexpected event that interrupts the employee’s usual work routine.

Hensley v. Ferguson Copeland, Ltd. · filed 2010-08-05(6)

Plaintiff's injury from the slip and fall on July 19, 2007 was due to an accident, as it resulted from an unlooked for and untoward event, which was not expected or designed by Plaintiff. The circumstances of Plaintiff's fall also constituted an interruption of her usual work routine and the introduction of unusual conditions likely to result in unexpected consequences.
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Claims without a compensable injury by accident

An injury by accident arising out of and in the course of employment is not compensable unless the claimant establishes that the claimed condition or disability resulted from that accident.

Stubbs v. Franchise Enterprises, Inc. · filed 1995-02-23(6)

Plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer on July 31, 1992. However, plaintiff has failed to establish that the condition for which he received medical care and treatment on August 4, 1992, and from November 4, 1992, through July 6, 1993, including the surgery on March 19, 1993, was a result of his July 31, 1992, injury by accident, or that he sustained any disability as a result of his July 31, 1992, injury by accident. Therefore, plaintiff's claim is not compensable under the provisions of the North Carolina Workers' Compensation Act. N.C. Gen. Stat. § 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 alleged incident that the factfinder finds did not occur does not qualify.

Anderson v. Sorenson Gross, Incorporated · filed 1995-08-10(6)

Plaintiff did not sustain 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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Section 97-2(6) requires an injury by accident arising out of and in the course of employment; a condition that is not work-related does not qualify.

Council v. Foster's Market, Inc. · filed 1995-11-13(6)

The greater weight of the evidence establishes that plaintiff did not sustain an injury by accident arising out of and in the scope of her employment with defendant-employer on September 2, 1993 but rather suffers from a non-work related condition. 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; a condition that did not result from employment does not qualify.

Revels v. Southeastern General Hospital · filed 1996-06-12(6)

Plaintiff's carpal tunnel syndrome and disability did not result from her employment with defendant. Plaintiff did not sustain an injury by accident arising out of and in the course of her employment, and she did not contract an occupational disease.
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Section 97-2(6) excludes an alleged shoulder condition from injury by accident when the worker suffered no new injury arising out of and in the course of employment.

Stamey v. N.C. Self-Insurance Guaranty Association · filed 1997-08-05(6)

Plaintiff did not suffer a new injury, or an injury by accident, specific traumatic incident or new occupational disease out of and in the course of her employment with defendant-employer on 10 July 1991. N.C. Gen. Stat. § 97-2 (6) and N.C. Gen. Stat. § 97-53 (13).
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Section 97-2(6) excludes a claimed injury from compensation when the workplace accident did not cause that injury.

Sullivan v. Tri-Meck Mechanical · filed 1997-10-13(6)

The injury by accident sustained by the plaintiff on February 22, 1996 did not cause the back injury treated by Dr. Garland on March 19, 1996. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) excludes medical problems unrelated to a workplace accident from compensable injuries.

Lester v. Stevens · filed 1998-06-23(6)

Any medical problems that Plaintiff is currently suffering from are not related to her accident of January 25, 1996. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) excludes a later injury caused by a non-work incident from workers’ compensation, even when an earlier work injury was compensable.

Collins v. Food Lion Inc. · filed 1998-12-22(6)

Since Plaintiff's subsequent pectoralis major muscle rupture of 22 February 1995 was the direct result of a non-work related incident, it is not compensable under the Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) requires an injury caused by an accident arising out of and in the course of employment; an accident without injury does not qualify for benefits.

Prevette v. Golden Needles Knitting · filed 1999-06-25(6)

In order to receive benefits under the Workers' Compensation Act, plaintiff has the burden of proving an injury by accident arising out of and in the course of employment. Based upon the greater weight of the credible evidence, plaintiff had an accident arising out of and in the course of her employment on May 23, 1995 when she sat on a plastic tub and fell backwards onto the floor. However, plaintiff was not injured as a result of this accident.
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Section 97-2(6) requires an injury by accident to arise out of and occur in the course of employment; falls caused by an idiopathic condition unrelated to employment do not qualify.

Murphy v. Wayne County Services on Aging · filed 1999-08-04(6)

Plaintiff's falls on 30 June 1998 and 6 July 1998 were not due to unexpected or unusual conditions likely to result in injurious consequences. Rather, her falls on those dates were due to an idiopathic condition unrelated to her employment with defendant-employer. ... Plaintiff did not sustain 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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An injury by accident under § 97-2(6) requires an interruption of the employee’s normal work routine likely to result in unexpected consequences; performing usual duties in the customary manner does not qualify.

Lewis v. Burger King · filed 1999-09-01(6)

On June 10, 1996, plaintiff was performing her duties in her usual and customary manner, and the evidence does not show any interruption in her normal work routine likely to result in unexpected consequences. Therefore, on June 10, 1996, plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant-employer.
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Section 97-2(6) does not treat carpal tunnel complaints as an injury by accident when they did not result from an accident arising out of and in the course of employment.

Smithey v. Dixie Sales · filed 1999-11-15(6)

In December, 1994, plaintiff's complaints of carpal tunnel syndrome did not result from an injury by accident arising out of an in the course of plaintiff's employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).
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An injury by accident requires an unexpected, unusual or untoward occurrence, or an interruption of the work routine that introduces unusual conditions likely to cause unexpected consequences; an angry confrontation with a supervisor over a vacation request does not qualify.

Knight v. Abbott Laboratories · filed 2000-01-13(6)

The confrontation between plaintiff and her supervisor did not constitute an unexpected, unusual or untoward occurrence; nor did it constitute an interruption of the work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences. ... 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.
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Section 97-2(6) excludes an injury incurred while performing usual tasks in the usual way from injury by accident, but an interruption of the work routine introducing unusual conditions may establish an accident.

Trent v. Wake Medical Center · filed 2001-09-05(6)

If a plaintiff is injured while carrying on his usual tasks in the usual way, the injury does not arise by accident, and is therefore not compensable. However, if an interruption of the work routine occurs introducing unusual conditions likely to result in unexpected consequences, an accident will be inferred.
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Section 97-2(6) excludes neck and cervical spine conditions from injury by accident when they do not arise out of employment or result from a specific traumatic incident of assigned work.

James v. Carroll's · filed 2001-10-05(6)

Plaintiff's neck pain, degenerative cervical spine condition and ruptured or herniated disc at C5-C6 did not arise out of and in the course of plaintiff's employment with defendant, and are not the direct result of a specific traumatic incident of the work assigned. Therefore, plaintiff has not proven an injury by accident. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) excludes injuries occurring during normal work duties without an accident or untoward event.

Jones v. Wilson Stores · filed 2002-04-30(6)

Plaintiff has failed to carry her burden of proving with credible evidence that she sustained an injury by accident on November 23, 1997 arising out of and in the course of her employment with Defendant-Employer. N.C.G.S. § 97-2 (6). An injury that occurs in the normal course of work duties are not compensable.
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Section 97-2(6) requires an injury by accident arising out of and in the course of employment; an alleged ankle injury that the claimant failed to prove occurred does not qualify.

Metzgar v. Coastal Beverage · filed 2003-02-26(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer on December 28, 2000. N.C. Gen. Stat. § 97-2 (6); Anderson v. Northwestern Motor Company , 233 N.C. 372 , 64 S.E.2d 265 (1951).
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Section 97-2(6) excludes a claim when the worker did not sustain an injury by accident arising out of and in the course of employment.

Barksdale v. Cape Hatteras Elec. Corp. · filed 2003-03-13(6)

Plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer on May 31, 2000. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) does not cover an alleged injury where workplace odors caused, at most, a temporary flare-up of symptoms from a pre-existing condition and the evidence did not establish an injury from the exposure.

Branson v. Duke University · filed 2003-05-13(6)

Plaintiff has failed to establish an accidental injury or occupational disease. ... There is no evidence that because of the exposure to odors at work that plaintiff has sustained a disease or injury. Rather, she has at most sustained a temporary period of exacerbation of the symptoms for her pre- existing hyperactive airway disease, which because of the nature of her condition may have occurred even without the exposures at work.
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Section 97-2(6) requires a claimed injury to result from an accident arising out of and in the course of employment; an unproven training injury does not qualify.

Brown v. Wilkes Cty. Sheriff's Dept. · filed 2003-10-07(6)

With respect to I.C. File 801090, plaintiff did not sustain an injury by accident arising out of and in the course of her employment on 3 November 1997. N.C. Gen. Stat. § 97-2 (6). Therefore, she is entitled to no benefits under the Act for any alleged left arm complaints.
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Section 97-2(6) does not cover a later fall at home when the evidence fails to connect it to the original work injury.

Wiggins v. Recore Electrical Contr. · filed 2004-04-01(6)

Plaintiff's fall at home, which occurred sometime between May and July 2001 is not a result of his original 1998 injury by accident or any dizziness related thereto. Therefore, plaintiff is not entitled to payment by defendants for the August 31, 2001 surgery or any disability prior to November 27, 2001 due to that surgery. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) does not cover a claimed new injury by accident when the claimant presents no evidence of a new injury.

Branch v. Carolina Shoe Co. · filed 2004-04-06(6)

Additionally, plaintiff presented no evidence of a new onset of an occupational disease or new injury in I.C. No. 921804. ... Plaintiff did not sustain an injury by accident or contract a compensable occupational disease involving her right upper extremity in I.C. No. 921804.
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Section 97-2(6) does not cover neck and arm symptoms caused by gradual onset of pain rather than an injury by accident or a specific traumatic incident.

Vera v. Cranberry Tree Svcs. · filed 2004-05-25(6)

The Full Commission finds based upon the competent medical evidence of record, plaintiff did not sustain an injury by accident on 17 July 2001. Rather, it appears his neck and arm symptoms were as a result of a gradual onset of pain, which was not the result of a specific traumatic incident.
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Section 97-2(6) does not cover conditions unrelated to a compensable injury by accident.

Pfeiffer v. Longhorn Steaks of Concord · filed 2004-06-09(6)

Plaintiff's alleged contraction of RSD and diagnosis of an osteochondral lesion are not related to her compensable injury by accident, and Defendants are not liable for payment of any benefits related to these conditions. N.C. Gen. Stat. § 97-2 (6).
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Section 97-2(6) requires proof that the claimed injury arose from an accident in the course of employment; a condition lacking a causal connection to the alleged accident does not qualify.

Ward v. First Union Corp. · filed 2004-12-14(6)

The plaintiff did not sustain an injury by accident arising out of and in the course and scope of her employment with defendant/employer on December 16, 1999. 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.

Stallings v. Harbor Welding, Inc. · filed 2005-11-10(6)

Plaintiff suffered a compensable injury by accident to his right foot, which arose out of and in the course of his employment on 8 April 2000 when he fell approximately fifteen (15) feet off a ladder, shattering his right foot and causing a hairline fracture to his left foot.
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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.

Anthony v. Priority Refrigerated Serv. · filed 2007-02-02(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).
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Section 97-2(6) treats an injury arising out of and in the course of employment as compensable, but does not extend that injury by accident to conditions not causally related to it.

Rouse v. Coporation · filed 2007-02-02(6)

On May 3, 2000, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer resulting in an injury to his left arm but not injuries to his left shoulder or hips.
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Section 97-2(6) treats an accident arising out of employment that materially aggravates a pre-existing condition and proximately contributes to disability as a compensable injury.

Jacobs v. N.C. Dept. of Correction · filed 2007-02-05(6)

An injury is compensable if it is caused by an accident that arises out of the employment, materially accelerates or aggravates a pre-existing condition, and proximately contributes to disability.
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Section 97-2(6) covers an accidental neck injury sustained while an employee is working with a patient.

Hurdle v. Novant Health · filed 2007-10-18(6)

Plaintiff suffered a compensable injury on or about April 20, 2004. N.C. Gen. Stat. § 97-2 (6).
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Notes 1951–2100 of 3,404, oldest cases first.

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