N.C. Gen. Stat. § 97-2
Definitions: the cases that interpreted this section
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.
Specific traumatic incidents and back injuries
Section 97-2(6) covers a disabling injury caused by a specific traumatic incident arising out of and in the course of employment.
Porter v. Whitley · filed 2006-06-26(6)
As a direct result of the work assigned on or about November 1, 1999, plaintiff sustained a specific traumatic incident arising out of and in the course of her employment, which resulted in a disabling injury to her back, neck and left arm. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A back injury caused by a specific traumatic incident of assigned work qualifies as an injury by accident.
Moore v. Broyhill Furniture Industries, Inc. · filed 2006-06-29(6)
On January 8, 2004, plaintiff sustained an injury by accident to his back arising out of and in the course of his employment in the form of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A back injury is compensable under § 97-2(6) only if it arises out of and in the course of employment and directly results from an injury by accident or a specific traumatic incident of assigned work.
Khan v. Marconi Communications, Inc. · filed 2006-06-02(6)
In order to establish a compensable injury to the back, the employee must prove that the disabling back injury arose out of and in the course of the employment and was the direct result of either an injury by accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) requires proof of an injury by accident or a specific traumatic incident arising from assigned work for a compensable injury.
Brizell v. Kroger · filed 2006-06-29(6)
Plaintiff has failed to prove by the greater weight of the evidence that he sustained a compensable injury by accident or specific traumatic incident as a result of the work assigned on or about October 12, 2004, or at any other time.Read the full opinion on CourtListener →
Section 97-2(6) requires an employee claiming a compensable back injury to prove that the injury arose out of and in the course of employment and directly resulted from an accident or a specific traumatic incident of assigned work.
Bradshaw v. Wal-Mart Stores, Inc. · filed 2006-07-26(6)
In order to establish a compensable injury to the back, the employee must prove that the disabling back injury arose out of and in the course of the employment and was the direct result of either an injury by accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) covers a lower-back injury caused by a specific traumatic incident of assigned work arising out of and in the course of employment.
Joslin v. St. Luke's Hospital · filed 2006-08-02(6)
On December 20, 2002, plaintiff sustained an injury by accident to her lower back as a result of a specific traumatic incident of the work assigned, arising out of and in the course and scope of her employment with defendant-employer.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant seeking compensation for a back injury to prove an injury by accident or specific traumatic incident arising out of and in the course of employment that caused the back injury.
Yeary v. Ermc · filed 2006-08-29(6)
Plaintiff has failed to prove by the greater weight of the competent evidence that on or about March 27, 2004, 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.Read the full opinion on CourtListener →
Section 97-2(6) requires proof that an injury by accident or specific traumatic incident arose out of and in the course of the assigned work.
Green v. Stock Building Supply, Inc. · filed 2006-09-06(6)
The plaintiff has failed to prove by the greater weight of the competent, credible evidence that he sustained an injury by accident or a specific traumatic incident arising out of and in the course of the work assigned on or about August 17, 2003, or at any other time. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires an interruption of the employee’s normal work routine for an injury by accident, or a specific traumatic incident occurring within a cognizable time rather than gradual deterioration.
King v. Roadway Express Inc. · filed 2006-09-11(6)
The evidence fails to show that plaintiff was performing any work duties that could be construed to be an interruption of his normal work routine so as to constitute an injury by accident. In addition, the greater weight of the evidence fails to show that plaintiff sustained any incident that occurred within a cognizable time, but, rather, shows that plaintiff's back condition deteriorated gradually over time.Read the full opinion on CourtListener →
An increase in symptoms during later employment is not a new injury or specific traumatic incident when it aggravates an earlier compensable injury.
Bishop v. Ocean Isle True Value Hardware · filed 2006-09-28(6)
The greater weight of the competent evidence of record does not support a conclusion that plaintiff suffered a specific traumatic incident during her employment with Lowe's. Although plaintiff did suffer an increase in symptoms on occasion during that employment, the Full Commission concludes that these were not new injuries but rather were aggravations of the original injury plaintiff suffered on June 28, 2000. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats a back injury caused by a specific traumatic incident of assigned work as an injury by accident arising out of and in the course of employment.
Faulkenberry v. Queen City Manufacturing, Inc. · filed 2006-11-09(6)
On October 1, 2003, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer in that he sustained a back injury as the result of a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant seeking compensation for a back injury to prove a specific traumatic incident.
Maytnier v. the Richard E. Jacobs Group · filed 2006-11-28(6)
Plaintiff has not proven that she suffered a specific traumatic incident, as required by N.C. Gen. Stat. § 97-2 (6) in order for a claim to be compensable.Read the full opinion on CourtListener →
Section 97-2(6) treats discrete workplace weight-lifting and grass-cutting incidents that aggravate a pre-existing cervical herniated disk as compensable specific traumatic incidents.
Bass v. Raleigh-Durham Airport Auth. · filed 2007-01-26(6)
The weight-lifting incident on or about May 15, 2003 and the grass-cutting incident on June 13, 2003 were specific traumatic incidents within the meaning of N.C. Gen. Stat. § 97-2 (6). As a result of these specific traumatic incidents, plaintiff suffered a compensable aggravation of her pre-existing cervical herniated disk that caused her disability.Read the full opinion on CourtListener →
Section 97-2(6) requires an employee claiming a compensable back injury to prove that it arose out of and in the course of employment and directly resulted from an accident or a specific traumatic incident of assigned work.
Page v. Harnett County Public Utilities · filed 2006-12-20(6)
In order to establish a compensable injury to the back, the employee must prove that the disabling back injury arose out of and in the course of the employment and was the direct result of either an accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) covers a new back injury or aggravation of a pre-existing condition caused by a specific traumatic incident arising out of and in the course of employment.
Cooper v. Evans MacHinery · filed 2007-01-08(6)
Plaintiff sustained a compensable new injury, or aggravation of a pre-existing condition, resulting from a specific traumatic incident arising out of and in the course of his employment on July 8, 2003. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats a specific traumatic incident arising out of and in the course of employment as an injury by accident.
Dana v. Pgt Industries · filed 2007-01-11(6)
On March 29, 2004, plaintiff sustained an injury by accident arising out of and in the course of his employment with PGT Industries in the form of a specific traumatic incident. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats a cervical strain sustained during a specific traumatic incident of assigned work as an injury by accident when it occurs within a judicially cognizable period rather than through gradual deterioration.
Raper v. Mansfield Systems, Inc. · filed 2007-02-02(6)
The credible evidence of record is sufficient upon which to conclude that plaintiff sustained his cervical spine injury during a judicially cognizable time period and that it was not the result of a gradual deterioration. ... Thus, on May 28, 2003, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer in the form of a specific traumatic incident of the work assigned resulting in a cervical strain.Read the full opinion on CourtListener →
Section 97-2(6) includes a disabling back injury caused by a specific traumatic incident of assigned work within injury by accident when it arises out of and in the course of employment.
Ard v. Owens-Illinois · filed 2007-04-03(6)
With respect to back injuries, however, where injury to the back arises out of and in the course of the employment and is the direct result of a specific traumatic incident of the work assigned, “injury by accident” shall be construed to include any disabling ■physical injury to the back arising out of and causally related to such incident. ... Adequate evidence was presented to the Full Commission to meet the three prongs of the “compensable injury” rule outlined above. First, plaintiff suffered two personal injuries by accident; second, the injury arose during the course of plaintiff’s employment as a stock handler; and third, the injury arose out of plaintiff’s employment at Owens. Accordingly, we hold that the Full Commission did not err in its findings of fact and conclusions of law.Read the full opinion on CourtListener →
A back injury caused by events occurring contemporaneously during a cognizable period of time qualifies as an injury by accident under § 97-2(6), even if the worker cannot identify one particular lifting incident.
Watts v. Borg Warner Automotive, Inc. · filed 2007-04-27(6)
Plaintiff is unable to point to any one lifting incident as the cause of his 28 October 1999 workplace injury; however, he has shown his injury occurred during a cognizable period of time while lifting turbo chargers weighing approximately 87 pounds. See Richards v. Town of Valdese , 92 N.C. App. 222 , 224 , 374 S.E.2d 116 , 118 (1988). Back injuries that occur gradually are not specific traumatic incidents. However, events occurring contemporaneously that cause a back injury, during a cognizable time period, fit the definition of injury by accident.Read the full opinion on CourtListener →
Section 97-2(6) treats a specific traumatic incident arising out of and in the course of employment that directly injures the lower back as a compensable injury.
Kinter v. Rouzer Motor Parts Co. · filed 2007-02-12(6)
When he lifted the battery on August 11, 2003, plaintiff experienced a specific traumatic incident arising out of and in the course of his employment with defendant-employer, the direct result of which was an injury to plaintiff's lower back. As such, plaintiff sustained a compensable back/left leg injury on August 11, 2003.Read the full opinion on CourtListener →
An injury sustained while performing an unusual task that requires bending, twisting, and stretching can qualify as both an injury by accident and an injury by specific traumatic incident.
Ellison v. Dana Corp. · filed 2007-04-04(6)
Plaintiff sustained a compensable injury by accident and an injury by specific traumatic incident on July 30, 2004, when she felt an onset of pain and numbness when she bent, twisted, and stretched to begin the unusual task of taping the axles that were on the floor.Read the full opinion on CourtListener →
A back injury caused by a series of contemporaneous work events during a judicially cognizable period can qualify as a specific traumatic incident of the work assigned.
Bradley v. Maxim Healthcare · filed 2007-04-05(6)
Plaintiff has established that, on October 29, 2004, she suffered a compensable injury to her back arising out of and in the course and scope of her employment as a direct result of a specific traumatic incident of the work assigned to her by Defendant-Employer. N.C. Gen. Stat. § 97-2 (6). Plaintiff's injury occurred during a judicially cognizable period of time.Read the full opinion on CourtListener →
Gradual onset of pain over the course of a workday does not satisfy the specific traumatic incident requirement for an injury under section 97-2(6).
Chambers v. Transit Management · filed 2007-04-10(6)
Plaintiff has failed to prove that he sustained an injury by way of specific traumatic incident arising out of and in the course of his employment with defendant, because the gradual onset of pain described by plaintiff as occurring over the course of December 4, 2000, does not satisfy the requirement of a "specific traumatic incident" under the Act.Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident arising out of and in the course of employment.
Padgett v. Bob Glover Grading · filed 2007-05-11(6)
The plaintiff sustained an injury to his back as a result of a specific traumatic incident arising out of and in the course of his employment with the defendant-employer on September 27, 2005. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A back injury caused by a specific traumatic incident of assigned work can be compensable without an unusual occurrence or departure from ordinary duties.
Judy v. Ostler International, Inc. · filed 2007-05-14(6)
Under the specific traumatic incident theory, plaintiff is not required to prove that the injury arose from an unusual occurrence or departure from ordinary duties.Read the full opinion on CourtListener →
Section 97-2(6) treats a back injury caused by a specific traumatic incident of assigned work as an injury by accident.
Mattes v. International Paper Co. · filed 2007-05-16(6)
The plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant when he sustained a back injury as the result of a specific traumatic incident of the work assigned on February 17, 2005.Read the full opinion on CourtListener →
A claimant must prove that a back injury arose out of and in the course of employment as a direct result of a specific traumatic incident of the work assigned.
Varner v. Aut-O-Rite Plastics, Inc. · filed 2007-05-18(6)
Plaintiff has failed to prove that she sustained a compensable injury to her back arising out of and in the course of her employment with Defendant-Employer on or about July 2, 2004, as a direct result of a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) permits compensation for a cervical spine injury caused by a specific traumatic incident even when the incident is not an accident, but does not make a shoulder injury from that incident compensable.
Hall v. Osborne Co. of North Carolina · filed 2007-06-04(6)
The events surrounding plaintiff's use of the ratchet straps at work on March 29, 2005 constitute a specific traumatic incident, but not an accident, within the meaning of the North Carolina Workers' Compensation Act. Therefore, plaintiff's right shoulder injury is not compensable; however, plaintiff's neck condition may be compensable if causation is established.Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident arising out of and in the course of employment.
Lane v. Beall's Inc. · filed 2007-06-20(6)
Plaintiff sustained an injury by specific traumatic incident arising out of and in the course of her employment on September 21, 2001. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A compensable back injury must arise out of and in the course of employment and directly result from an injury by accident or a specific traumatic incident of the assigned work.
Shipman v. Jessup Auto Sales, Inc. · filed 2007-06-01(6)
In order to establish a compensable injury to the back, plaintiff must prove that the disabling back injury arose out of and in the course of the employment and was the direct result of either an injury by accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident during assigned work.
Jones v. Teeter · filed 2007-09-07(6)
Plaintiff sustained a specific traumatic incident to his back arising out of his employment with Defendants as a direct result of the work assigned on September 24, 2004. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimed work-related back injury to arise from an accident or a specific traumatic incident to qualify for workers' compensation benefits.
Rabatsky v. Apa Marketing, Inc. · filed 2007-07-26(6)
Plaintiff did not sustain an injury by accident or a specific traumatic incident that arose out of and in the course of his employment on or about February 25, 2005. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats a back injury caused by a specific traumatic incident of assigned work as a compensable injury by accident.
Locklair v. Childress Klein Properties · filed 2007-08-07(6)
On July 6, 2004, plaintiff sustained an injury by specific traumatic incident arising out of and in the course of his employment with defendant-employer while performing maintenance work on multiple air handlers, including a specific air handler wherein he was required to lift a heavy motor while in a crouching position.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove an injury by accident or specific traumatic incident to establish a compensable injury.
Sherrill v. Signature Seating, Inc. · filed 2007-08-23(6)
The plaintiff has failed to provide sufficient evidence to show that she sustained a compensable injury by accident or by specific traumatic incident on or about January 28, 2004. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A specific traumatic incident that aggravates a preexisting back condition can be a compensable injury under § 97-2(6).
Mencser v. Neo Corporation · filed 2007-09-27(6)
As a result of the specific traumatic incident, plaintiff suffered an aggravation of his preexisting back condition. ... Plaintiff suffered a compensable specific traumatic injury on April 26, 2004. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) includes a disabling back injury as an injury by accident when it arises out of and in the course of employment and directly results from a specific traumatic incident of the assigned work.
Piper v. Wake County · filed 2007-10-17(6)
Injury by accident is construed to include any disabling physical injury to the back if it arises out of and in the course of employment and is the direct result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires proof of an injury by accident or a specific traumatic incident arising out of or occurring in the course of employment.
Stocum v. Frito Lay · filed 2007-10-22(6)
Plaintiff did not suffer a compensable injury by accident or specific traumatic incident arising out of or occurring in the course of her employment with Defendant-Employer on 27 April 2004.Read the full opinion on CourtListener →
Section 97-2(6) requires proof of an injury by accident or specific traumatic incident for a claimed neck and back injury.
Daniel v. Food Lion · filed 2007-12-04(6)
In light of Plaintiff's inconsistent testimony regarding the onset of her pain on April 10, 2004; the fact that Plaintiff never reported a back injury to her employer until over a year after the alleged incident despite the fact that she had an ongoing carpal tunnel claim; and the fact that Plaintiff made no mention of an April 10, 2004 work-related incident to any of her medical providers until after her back claim was filed, the Full Commission concludes that plaintiff has failed to show that she sustained an injury by accident, or specific traumatic incident, to her neck and back on April 10, 2004.Read the full opinion on CourtListener →
Section 97-2(6) requires a back injury to arise in the course of employment and directly result from a specific traumatic incident of assigned work.
Waller v. Weyerhaeuser Co. · filed 2008-01-04(6)
Plaintiff sustained a compensable specific traumatic injury on or about June 27, 2005. N.C. Gen. Stat. § 97-2 (6). Plaintiff must show his back injury arose in the course of the employment and the injury was the "direct result of a specific traumatic incident of the work assigned."Read the full opinion on CourtListener →
Section 97-2(6) treats a back injury caused by a specific traumatic incident of assigned work during a judicially cognizable period as a compensable injury.
Holt v. Plumbing · filed 2008-01-24(6)
On March 13, 2000, as plaintiff picked up a pedestal lavatory bowl to set it up on its leg, he felt a sudden onset of pain in his lower back and sustained a compensable injury to his back as a result of a specific traumatic incident of the work assigned that arose out of and in the course of his employment with defendant-employer during a judiciably cognizable time period. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant seeking compensation for a back injury to prove an injury by accident or a specific traumatic incident that caused the injury.
Powers v. Fresenius Medical Care Holding · filed 2008-03-06(6)
Plaintiff has failed to show through competent, credible evidence that she suffered a specific traumatic incident or injury by accident on February 24, 2005 which resulted in an injury to her back.Read the full opinion on CourtListener →
Section 97-2(6) treats a back injury caused by a specific traumatic incident of assigned work as an injury by accident arising out of and in the course of employment.
Miller v. Central Leasing Management, Inc. · filed 2008-01-28(6)
On August 10, 2005, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer as a result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident of the work assigned as an injury by accident arising out of and in the course of employment.
Young v. Federal Express Corp. · filed 2008-01-30(6)
On April 19, 2004, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer in that he sustained a back injury as the result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury arising in the course of employment that directly results from a specific traumatic incident of assigned work.
Waller v. Weyerhaeuser Co. · filed 2008-01-31(6)
Plaintiff sustained a compensable specific traumatic injury on or about June 27, 2005. N.C. Gen. Stat. § 97-2 (6). Plaintiff must show his back injury arose in the course of the employment and the injury was the "direct result of a specific traumatic incident of the work assigned."Read the full opinion on CourtListener →
Repeated bending over a winding unit to untangle yarn during a six-hour shift can be a specific traumatic incident causing a compensable back injury under § 97-2(6).
Sedwick v. Mohawk Industries, Inc. · filed 2008-02-01(6)
Based on review of the evidence as a whole, the Full Commission finds that on May 18, 2004, plaintiff sustained an injury by accident to her lumbar spine arising out of and in the course of her employment with defendant-employer, when she experienced low back and left hip pain as she repeatedly bent over the winding unit during six hours of her shift, at almost a 90-degree angle, to untangle the knotted yarn. This activity, occurring in a cognizable period of time, constituted a specific traumatic incident of the work assigned plaintiff and caused a disabling injury to her back.Read the full opinion on CourtListener →
A back injury can result from a specific traumatic incident of assigned work even if the exact date of the incident is uncertain.
Morrison v. the Goodyear Tire Rubber Co. · filed 2008-02-07(6)
Plaintiff sustained compensable injuries to his back on January 28, 2005, and on or about June 2, 2005, arising out of and in the course of his employment as a direct result of specific traumatic incidents of the work assigned to him by defendant-employer. N.C. Gen. Stat. § 97-2 (6). Plaintiff's injury which occurred on or about June 2, 2005, was sudden. There was a specific instance in time when he felt he had pulled a muscle in his arm. The only uncertainty is the exact date the injury occurred, but exact certainty is not required.Read the full opinion on CourtListener →
A specific traumatic incident arising out of and in the course of employment can be a compensable injury when it aggravates a pre-existing back condition.
Johns v. Code Electric, Inc. · filed 2008-02-12(6)
Plaintiff sustained a compensable injury by a specific traumatic incident arising out of and in the course of his employment with Employer-Defendant on December 14, 2005. See N.C. Gen. Stat. § 97-2 (6). This injury consists of an aggravation of Plaintiff's pre-existing back condition as well as additional pathology leading to the worsening of Plaintiff's pain and functional limitations.Read the full opinion on CourtListener →
A back injury caused by a specific traumatic incident arising out of and in the course of employment is a compensable injury.
Spearman v. on Call Nursing · filed 2008-02-15(6)
Plaintiff suffered a compensable injury to her back by specific traumatic incident on September 23, 2005, arising out of and in the course of employment while assisting a patient with a bath. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a specific traumatic incident arising out of and in the course of employment that aggravates a preexisting neck condition.
Pulley v. City of Wilson · filed 2008-03-11(6)
On November 29, 2004, plaintiff suffered a specific traumatic incident arising out of and in the course of his employment with defendant, which aggravated his preexisting neck condition. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) limits the specific traumatic incident test to back injuries; a shoulder injury must result from an accident to be compensable.
Raper v. Mansfield Systems, Inc. · filed 2008-03-18(6)
Although plaintiff argues in his brief that “[t]he only medical evidence of record demonstrates that Plaintiff’s shoulder injury is, indeed, related to the specific traumatic incident of May 28, 2003,” (emphasis in original), the “specific traumatic incident” test only applies to back injuries, not to shoulder injuries. Therefore, plaintiff was required to show that his trapezius strain was caused by an accident and not “an event that involves both an employee’s normal work routine and normal working conditions.”Read the full opinion on CourtListener →
Section 97-2(6) does not cover a claimed back injury when no specific traumatic incident at work caused it.
Lewis v. Trade Oil Company · filed 2008-04-22(6)
Plaintiff did not suffer an injury to her back due to a specific traumatic incident while employed with defendant on February 1, 2005 nor did plaintiff suffer an exacerbation to her alleged lifting injury on May 31, 2005. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a compensable injury to result from an accident or specific traumatic incident arising out of and in the course of employment.
Byrd v. Highsmith Enterprises · filed 2008-05-08(6)
In order for an injury to be compensable under the Workers' Compensation Act, it must be the result of an accident or specific traumatic incident arising out of an in the course of employment.Read the full opinion on CourtListener →
Section 97-2(6) covers a low back injury caused by a specific traumatic incident of assigned work that aggravates a pre-existing low back condition.
Wagner v. Goodyear Tire Rubber Co. · filed 2008-05-21(6)
On or about March 14, 2006, Plaintiff sustained a compensable low back injury arising out of and in the course of his employment with Defendant-Employer which was the direct result of a specific traumatic incident of the work assigned, and which aggravated Plaintiff's pre-existing low back condition.Read the full opinion on CourtListener →
A back injury caused or significantly contributed to by a specific traumatic incident of assigned work is compensable even if a later incident at home also worsens the condition.
Midgett v. Food Lion, LLC · filed 2008-05-22(6)
Plaintiff sustained an injury arising out of and in the course of her employment with defendant employer as a direct result of a specific traumatic incident of the work assigned to her by defendant-employer on January 24, 2004, when she lifted a bag of money from the floor of the office safe which was heavier than expected, and then experienced immediate low back pain which persisted through the time of a second incident at home, which likely further contributed to the worsening of her condition.Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident arising out of and in the course of employment.
Tompkins v. Rocky Mount Preparatory School · filed 2008-06-10(6)
The Full Commission concludes that Plaintiff has met her burden to prove that she suffered a compensable injury arising out of and in the course of her employment, as a direct result of a specific traumatic incident, on May 26, 2005 while moving children's desks and chairs, and while twisting and/or turning to catch a falling chair.Read the full opinion on CourtListener →
Section 97-2(6) requires a compensable back injury to arise out of and in the course of employment and result directly from an accident or a specific traumatic incident of assigned work.
Wesoloski v. Wal-Mart Stores · filed 2008-05-02(6)
In order to establish a compensable injury to the back, plaintiff must prove that the back injury arose out of and in the course of the employment and was the direct result of either an injury by accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) requires a compensable back injury to arise out of and in the course of employment and result directly from either an accident or a specific traumatic incident of the work assigned.
Holmes v. Rehabilitation and Health Care Center · filed 2008-05-07(6)
In order to establish a compensable injury to the back, plaintiff must prove that the back injury arose out of and in the course of the employment and was the direct result of either an injury by accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) requires a compensable injury to arise out of and in the course of employment.
Osborne v. N.C. Crime Control Public Safety · filed 2008-05-08(6)
Plaintiff has failed to establish that she has sustained a compensable injury arising out of and in the course and scope of her employment. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a disabling back injury to arise out of and in the course of employment and result directly from an accident or a specific traumatic incident of the assigned work.
Ford v. Sampson County Board of Commissioners · filed 2008-06-10(6)
In order to establish a compensable injury to the back, plaintiff must prove that the disabling back injury arose out of and in the course of the employment and was the direct result of either an accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant asserting a back injury from a specific traumatic incident to prove that the injury directly resulted from that incident.
Lanier v. Romanelle's · filed 2008-08-19(6)
The law required plaintiff to prove by a preponderance of the evidence, Holley, 357 N.C. at 232, 581 S.E.2d at 752, that his neck injury was “the direct result of a specific traumatic incident of the work assigned,” N.C. Gen. Stat. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) permits a back injury to qualify as a specific traumatic incident when an identifiable event causes the injury during a judicially cognizable period, even if the resulting pain later worsens gradually.
Stroupe v. Bic Corporation · filed 2008-07-03(6)
Reading the Chambers and Fish holdings requiring the establishment of an inciting event or incident, rather than a gradual deterioration, in tandem with the Roach holding, which does not require a claimant to experience the injury and the pain simultaneously, or even on the same day, it would reasonably follow that so long as Plaintiff establishes that she sustained an injury to her back during a particular time period in which some specific, inciting event occurred, then the fact that the severity of the pain (and not the pain itself), worsened in a gradual manner is not a barrier to compensability of her claim.Read the full opinion on CourtListener →
A back strain from lifting a ladder during assigned work is an injury arising from a specific traumatic incident under § 97-2(6).
Smith, Jr. v. Millar · filed 2008-07-18(6)
On September 7, 2006, plaintiff lifted a ladder and strained his thoracic spine. Plaintiff's back strain arose out of and in the course of his employment and was the direct result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident arising out of and in the course of employment.
Haney v. Sunbridge Nursing Center · filed 2008-08-15(6)
Plaintiff suffered a compensable injury to her back, which arose out of and in the course and scope of her employment, by specific traumatic incident occurring on or about October 11, 2005. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A back injury from a specific traumatic incident satisfies § 97-2(6) when the evidence places the incident within a judicially cognizable time period, even if the claimant’s stated exact time is not credible.
Gregory v. W.A. Brown & Sons · filed 2008-08-19(6)
Nevertheless, Plaintiff's testimony, along with other evidence, placed the specific traumatic incident within a judicially cognizable time period. Plaintiff's testimony as to the date of the incident, which was corroborated by Mr. Harding's testimony, as well as Plaintiff's testimony that she sought treatment on 14 October 2001 and could not work on 15 October 2001 or after 16 October 2001, establishes that the specific traumatic incident occurred at a judicially cognizable time.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury arising out of and in the course of employment from a specific traumatic incident of assigned work.
Davis v. Guilford Mills · filed 2008-10-27(6)
On June 18, 2006, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer in the form of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) makes a back injury compensable when it arises out of and in the course of employment and directly results from an accident or a specific traumatic incident of assigned work.
Johnson v. Thalle Construction Company · filed 2008-12-30(6)
In order to establish a compensable back injury, plaintiff must prove that the disabling back injury arose out of and in the course of the employment and was the direct result of either an injury by accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to establish a compensable injury by accident or specific traumatic incident.
Cantrell v. Baxter International · filed 2009-01-06(6)
Plaintiff has failed to carry his burden to establish that he sustained a compensable injury by accident or specific traumatic incident on April 30, 2004.Read the full opinion on CourtListener →
A claimant asserting a back injury from a specific traumatic incident must prove that the injury occurred at a judicially cognizable point in time and arose out of and in the course of employment.
Mason v. Advance Auto Parts · filed 2009-01-06(6)
The specific traumatic incident provision of N.C. Gen. Stat. § 97-2 (6) requires plaintiff to prove an injury at a judicially cognizable point in time. ... Plaintiff has failed to prove by the greater weight of the evidence that she sustained a specific traumatic incident arising out of and in the course and scope of her employment.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant alleging a back injury from a specific traumatic incident to prove an injury at a judicially cognizable point in time.
Mason v. Advance Auto Parts &8212 Corporate Office · filed 2009-01-06(6)
The specific traumatic incident provision of N.C. Gen. Stat. § 97-2 (6) requires plaintiff to prove an injury at a judicially cognizable point in time.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimed injury to qualify as an injury by accident or a specific traumatic incident arising out of the course and scope of employment.
Brown v. International Paper Board Co. · filed 2009-01-08(6)
Plaintiff has failed to show that the injuries to his hip and back allegedly incurred during the 2006 Event constituted either an injury by accident or a specific traumatic incident arising out of the course and scope of plaintiff's employment with defendant.Read the full opinion on CourtListener →
Section 97-2(6) covers a compensable specific traumatic incident that causes a spinal injury.
Pierce v. Southern Industrial Constructors, Inc. · filed 2009-01-08(6)
Plaintiff sustained a compensable specific traumatic incident on July 6, 2006.Read the full opinion on CourtListener →
Section 97-2(6) covers a compensable spinal injury caused by a specific traumatic incident at work.
Pierce v. Southern Indu. Constructors · filed 2009-01-08(6)
Plaintiff sustained a compensable specific traumatic incident on July 6, 2006. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident or a specific traumatic incident arising out of the course and scope of employment.
Brown v. International Paper Bd. Co. · filed 2009-01-08(6)
Plaintiff has failed to show that the injuries to his hip and back allegedly incurred during the 2006 Event constituted either an injury by accident or a specific traumatic incident arising out of the course and scope of plaintiff's employment with defendant. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A back injury from a specific traumatic incident while performing work qualifies as an injury under § 97-2(6).
Bennett v. Americas · filed 2009-01-14(6)
Plaintiff sustained an injury by specific traumatic incident on January 6, 2006 when she felt a pull and onset of pain when she was pushing and pulling back and forth a reel of fiber optical cable. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury arising out of and in the course of employment from a specific traumatic incident of assigned work.
Hamilton v. Lms Intellibound, Inc. · filed 2009-03-06(6)
Plaintiff sustained an injury to his back on August 27, 2006, arising out of and in the course of his employment as a direct result of a specific traumatic incident of the work assigned to him by defendant-employer. N.C. Gen. Stat. § 97-2 (6) (2007).Read the full opinion on CourtListener →
Under § 97-2(6), the onset of pain alone does not establish a specific traumatic incident for a back injury.
Farrington v. Tyson Foods Inc. · filed 2009-03-19(6)
The onset of Plaintiff's pain, without more, does not establish a specific traumatic incident.Read the full opinion on CourtListener →
Section 97-2(6) treats a low back injury caused by a specific traumatic incident arising out of and in the course of employment, along with related leg symptoms, as a compensable injury.
Hardee v. Icr Contracting Co., Inc. · filed 2009-04-28(6)
Plaintiff sustained a low back injury by specific traumatic incident arising out of and in the course of his employment with defendants on or about September 14, 2006. As such, plaintiff's low back injury and the related right leg radicular symptoms are a compensable injury.Read the full opinion on CourtListener →
Section 97-2(6) treats a back injury caused by a specific traumatic incident arising out of and in the course of employment as compensable.
Walker v. United Parcel Service · filed 2009-06-19(6)
Plaintiff sustained a compensable injury to his back as a result of a specific traumatic incident arising out of and in the course of his employment with defendant-employer on November 17, 2005. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident as a compensable injury.
Benton v. Sullivan · filed 2009-06-22(6)
Plaintiff sustained a compensable back injury to his thoracic and lumbar spine by specific traumatic incident on March 8, 2007. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury caused by a specific traumatic incident of assigned work that arises out of and in the course of employment.
Gardner v. McLean Foods, Inc. · filed 2009-07-08(6)
Plaintiff sustained an injury resulting from a specific traumatic incident of the work assigned arising out of and in the course of the employment on or about 29 May 2007 with defendant-employer Meisner. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove that a back injury or symptoms are causally related to a specific traumatic incident at work.
Sturgill v. Bradford Products · filed 2009-07-14(6)
While the Full Commission concludes that plaintiff has proven that some incident occurred in early June 2005, plaintiff has not carried his burden to show that the L4-5 disc herniation or any of his lower back symptoms are causally related to any such incident.Read the full opinion on CourtListener →
Section 97-2(6) requires a disabling back injury to arise out of and in the course of employment and result directly from an accident or a specific traumatic incident of assigned work.
Jacobs v. Kaba Ilco Corporation · filed 2009-07-08(6)
In order to establish a compensable injury to the back, plaintiff must prove that the disabling back injury arose out of and in the course of the employment and was the direct result of either an accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) requires an injury to result from an accident arising out of and in the course of employment; an alleged back injury must be proved as an accident or specific traumatic incident.
Hayes v. Steel · filed 2009-05-08(6)
In order for an injury to be compensable under the Workers' Compensation Act, it must be the result of an accident arising out of and in the course of employment. N.C. Gen. Stat. § 97-2 (6). Plaintiff failed to prove, by the greater weight of the evidence, that he sustained a compensable injury by accident or specific traumatic incident to his back while at work with defendant Weldon Steel on March 2, 2006.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant seeking compensation for a back injury to prove that the disabling injury arose out of and in the course of employment and directly resulted from an accident or a specific traumatic incident of the work assigned.
Spears v. Tyson Foods, Inc. · filed 2009-07-21(6)
In order to establish that he suffered a compensable injury to his back, plaintiff had to prove the disabling back injury arose out of and in the course of his employment and was the direct result of either an injury by accident or a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2(6) (2007); Richards v. Town of Valdese, 92 N.C. App. 222, 224, 374 S.E.2d 116, 118 (1988), disc. review denied, 324 N.C. 337, 378 S.E.2d 799 (1989). Here, the Commission's findings of fact clearly support its conclusions that plaintiff failed to meet his burden of proving the compensability of his back injury.Read the full opinion on CourtListener →
Section 97-2(6) covers a disabling back injury arising out of and in the course of employment when it directly results from an accident or a specific traumatic incident of assigned work.
Lenahan v. Tjx Companies, Inc. · filed 2009-12-23(6)
In order to establish a compensable injury to the back, a plaintiff must prove that the disabling back injury arose out of and in the course and scope of their employment, and was the direct result of either an accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) covers a low-back injury caused by a specific traumatic incident of assigned work, including an injury aggravated by later work incidents.
Cawthorn v. Mission Hospital · filed 2010-03-25(6)
Plaintiff sustained a specific traumatic incident of the work assigned on February 26, 2008, which was aggravated by incidents on March 7, March 10 and May 20, 2008, arising out of and in the course of her employment with defendant-employer. As a direct result of her injury by accident, plaintiff injured her low back.Read the full opinion on CourtListener →
Section 97-2(6) covers a lower-back injury caused by a specific traumatic incident of the work assigned.
Lockard v. Chapel Hill Rehabilitation Center · filed 2010-03-26(6)
Plaintiff sustained an injury by specific traumatic incident of the work assigned on 29 June 2007, resulting in an injury to her lower back. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats specific traumatic incidents of assigned work, including incidents that aggravate a pre-existing back condition, as injuries by accident.
Falcon v. Schenker Logistics · filed 2010-04-13(6)
On December 20, 2007 and February 15, 2008, plaintiff sustained injuries by accident arising out of and in the course of his employment with defendant-employer in that he sustained specific traumatic incidents of the work assigned. N.C. Gen. Stat. § 97-2 (6). As a direct result of his injuries by accident, plaintiff sustained physical injuries that include aggravation of his pre-existing lower back problems.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant seeking compensation for a back injury to prove a specific traumatic incident of assigned work that caused or aggravated the condition.
Torres v. W.E. Bolton Constr. · filed 2010-06-22(6)
Accordingly, Plaintiff has failed to prove he sustained a specific traumatic incident of the work assigned that resulted in the aggravation of a pre-existing back condition.Read the full opinion on CourtListener →
Section 97-2(6) covers a lower-back injury caused by a specific traumatic event while lifting furniture at work as a compensable injury by accident.
Arce v. Bassett Furniture Indu. · filed 2010-06-08(6)
On October 27 and 28, 2008, plaintiff sustained compensable injuries by accident as a result of specific traumatic events, while lifting furniture at work, which resulted in injury to his lower back. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats a back injury from a specific traumatic incident of assigned work as compensable when it arises out of and in the course of employment.
Thompson v. Carolina Cabinet Co. · filed 2010-06-14(6)
On September 4, 2008, as plaintiff awkwardly lifted an item out of a large cardboard box, he sustained a compensable injury to his back as a result of a specific traumatic incident of the work assigned that arose out of and in the course of his employment with defendant-employer during a judiciably cognizable time period.Read the full opinion on CourtListener →
A back-injury claim under § 97-2(6) fails when the worker does not credibly prove a specific traumatic incident of assigned work that aggravated a pre-existing condition.
Torres v. W.E. Bolton Cons. · filed 2010-06-14(6)
The Commission finds Plaintiff's version of the alleged January 15, 2008, incident is not credible based upon the greater weight of the evidence, including Plaintiff's hearing testimony. Accordingly, Plaintiff has failed to prove he sustained a specific traumatic incident of the work assigned that resulted in the aggravation of a pre-existing back condition. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a material aggravation of a pre-existing low back condition caused by a specific traumatic incident.
Belch v. Delhaize America · filed 2010-08-06(6)
The greater weight of the evidence in this claim, including expert medical opinion, establishes that the August 30, 2007 incident caused a material aggravation of Plaintiff's pre-existing low back condition. As such, Plaintiff has shown that he sustained a compensable aggravation of his pre-existing low back condition by specific traumatic incident on August 30, 2007. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Gradual symptoms attributed to repeated jolts, without an accident or specific traumatic incident and sufficient medical causation evidence, do not establish a compensable injury under § 97-2(6).
Rose v. Camden County · filed 2010-08-24(6)
Plaintiff did not describe any "accident" or specific traumatic incident within the meaning of the Workers' Compensation Act. Further, he has not shown through expert medical testimony that his employment more likely than not was a significant cause of his right shoulder and/or neck conditions. As such, he has failed to show that he sustained a compensable injury to his right shoulder and/or neck.Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident of assigned work arising out of and in the course of employment during a judicially cognizable period.
Guevara v. Tb Construction, Inc. · filed 2010-09-29(6)
On March 28, 2008, as Plaintiff lifted a bundle of materials, he sustained a compensable injury to his back as a result of a specific traumatic incident of the work assigned that arose out of and in the course of his employment with Defendant-Employer during a judicially cognizable time period.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant seeking compensation for a back injury based on a specific traumatic incident to prove that the incident occurred and caused the back condition.
Velazquez v. Landscaping · filed 2010-10-04(6)
Based upon the greater weight of the evidence, Plaintiff has failed to prove that he suffered a specific traumatic incident and that his current back condition is causally related to the alleged incident.Read the full opinion on CourtListener →
Section 97-2(6) permits a back injury caused by a specific traumatic incident of assigned work to be compensable without an unusual occurrence or departure from ordinary duties.
Robinson v. Grading · filed 2010-11-18(6)
Under the specific traumatic incident theory, Plaintiff is not required to prove that the injury arose from an unusual occurrence or departure from ordinary duties.Read the full opinion on CourtListener →
A back injury need not result from an accident if it directly results from a specific traumatic incident related to employment.
Simpson v. Jackson · filed 2011-02-25(6)
Injury is defined under the Workers' Compensation Act as an "injury by accident arising out of and in the course of the employment." However, with respect to back injuries, there need be no injury "by accident," but rather, merely an injury directly resulting from a specific traumatic incident related to one's employment.Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident arising out of and in the course of employment.
Fincher v. Fabricators · filed 2011-01-31(6)
Plaintiff sustained an injury by specific traumatic incident arising out of and in the course of the employment on April 24, 2008. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident of assigned work arising out of and in the course of employment during a judicially cognizable period.
Rorie v. McKinnon · filed 2011-05-02(6)
On October 22, 2005, Plaintiff sustained an admittedly compensable injury to his back as a result of a specific traumatic incident of the work assigned that arose out of and in the course of his employment with Defendant-Employer during a judiciably cognizable time period.Read the full opinion on CourtListener →
A low-back injury arising out of employment from a specific traumatic incident of assigned work is an injury by accident under § 97-2(6).
Ivey v. Wakemed · filed 2011-05-13(6)
On June 8, 2009, Plaintiff sustained an injury to her low back arising out of and in the course of her employment as a direct result of a specific traumatic incident of her assigned work. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a neck injury caused by a specific traumatic incident of assigned work that arises out of and in the course of employment, including an injury that aggravates a pre-existing neck condition.
Plemmons v. donley's/blair Concrete Services · filed 2011-06-03(6)
On June 30, 2009, Plaintiff sustained a compensable injury to his neck as a result of a specific traumatic incident of the work assigned that arose out of and in the course of his employment with Defendant-Employer during a judicially cognizable time period. N.C. Gen. Stat. § 97-2 (6); Fish v. Steelcase, Inc. , 116 N.C. App. 703 , 707 , 449 S.E.2d 233 , 237 (1994), cert. denied , 339 N.C. 737 , 454 S.E.2d 650 (1995). This compensable accident materially accelerated or aggravated a pre-existing neck condition.Read the full opinion on CourtListener →
A new back injury caused by a specific traumatic incident in the course and scope of employment qualifies as an injury under § 97-2(6).
Kennedy v. Minuteman Powerboss · filed 2011-06-20(6)
On January 30, 2009, Plaintiff suffered a specific traumatic event or new injury to his back in the course and scope of his employment with Defendant-Employer.Read the full opinion on CourtListener →
Section 97-2(6) does not require a neck injury caused by a specific traumatic incident of assigned work to arise from an unusual occurrence or a departure from ordinary duties.
Rives v. Hannifin · filed 2011-07-21(6)
Under the specific traumatic incident theory, Plaintiff is not required to prove that the injury arose from an unusual occurrence or departure from ordinary duties.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant seeking compensation for a back injury to prove a specific traumatic incident of the work assigned in the course of employment.
Kyazimova v. South. Heart and Vascular Center · filed 2011-08-08(6)
In this case, Plaintiff has failed to meet her burden of proving by the greater weight of the evidence that she sustained a compensable specific traumatic incident of the work assigned in the course of her employment with Defendant-Employer on or about August 12, 2009.Read the full opinion on CourtListener →
Section 97-2(6) covers a specific traumatic incident to the cervical spine arising out of and in the course of employment as an injury by accident.
Greer v. Meritor · filed 2011-09-15(6)
On January 2, 2008, Plaintiff sustained a compensable injury by accident in the form of specific traumatic incident to his cervical spine, arising out of and in the course of his employment with Defendant-Employer Purolator Filters North America. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A lower back injury arising from a specific traumatic incident of assigned work is a compensable injury under § 97-2(6).
Hutchens v. Lee · filed 2011-10-05(6)
On December 12, 2006, Plaintiff sustained a compensable injury by accident and/or specific traumatic incident to his lower back, arising out of and in the course of his employment as a direct result of a specific traumatic incident of the work assigned to him by Defendant-Employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident of assigned work during a judicially cognizable period, including an injury that materially accelerates or aggravates a pre-existing condition.
Norman v. Craven County Health Department · filed 2011-10-26(6)
On July 27, 2009, Plaintiff sustained an admittedly compensable injury to her back as a result of a specific traumatic incident of the work assigned that arose out of and in the course of her employment with Defendant-Employer during a judiciably cognizable time period. ... This compensable injury caused Plaintiff's back condition or materially accelerated or aggravated a pre-existing condition.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove by a preponderance of the evidence an injury by accident or specific traumatic incident arising out of and in the course of employment.
Alston v. Consolidated Diesel Company · filed 2011-11-15(6)
Plaintiff has failed to prove by the preponderance of the evidence that she sustained an injury by accident or specific traumatic incident arising out of and in the course of her employment with Defendant-Employer on March 21, 2007. Accordingly, Plaintiff's claim must be denied. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires an identifiable work event for a back injury to qualify as a specific traumatic incident; the onset of pain alone does not suffice.
Taylor v. Carolina Healthcare Sys. · filed 2015-05-05(6)
Although plaintiff was injured, in the absence of an event, the onset of pain is not a specific traumatic incident. Therefore, plaintiff did not sustain an injury by accident as defined in N.C. Gen. Stat. § 97-2(6) as a result of a specific traumatic incident on 16 February 2012, and her claim must be denied.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant alleging aggravation of a pre-existing back condition to prove that the aggravation directly resulted from a specific traumatic incident of the work assigned.
Byrd v. Lowe's Home Ctrs., Inc. · filed 2018-02-20(6)
However, Plaintiff was required, and failed, to prove any alleged aggravation of his pre-existing back condition was "the direct result of a specific traumatic incident of the work assigned[.]" See N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) treats a back injury as an injury by accident when it results directly from a specific traumatic incident of the assigned work; back pain developing over an extended period does not meet that requirement.
Causby v. Bernhardt Furniture Co. · filed 1986-12-30(6)
G.S. 97-2(6) provides that “[w]ith respect to back injuries, however, where injury to the back ... is the direct result of a specific traumatic incident of the work assigned, ‘injury by accident’ shall be construed to include any disabling physical injury to the back arising out of and causally related to such incident.” Therefore, the Industrial Commission’s conclusion of law that plaintiff did not sustain a compensable injury is adequately supported by the finding of fact that “plaintiffs back pain was not the result of any interruption of her normal work routine in that plaintiff was doing her usual job in her usual and customary manner. Plaintiffs back pain was not the result of any specific traumatic incident in that plaintiff had experienced back pain over an extended period of time since returning to work in November of 1984.”Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment, including a specific traumatic incident during a cognizable period of time.
Nadeau v. Wilkes Senior Village · filed 1996-07-01(6)
Plaintiff sustained an injury to her back as a direct result of a specific traumatic incident during a cognizable period of time on July 4, 1993 while working for defendant-employer. Plaintiff's injury constituted an injury by accident arising out of and in the course of her employment and is compensable. N.C.G.S. § 97-2(6). Fish v. Steelcase, Inc., N.C. App. 9310IC1074, filed November 1, 1994.Read the full opinion on CourtListener →
Section 97-2(6) covers back injuries caused by a specific traumatic incident arising out of and in the course of employment.
Holloman v. Green Seed Company · filed 1996-09-24(6)
Plaintiff did sustain a back injury as a result of a specific traumatic incident of the work assigned arising out of and in the course of his employment with defendant-employer on November 21 or 22, 1990. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) treats a specific traumatic incident arising out of and in the course of employment as an injury by accident.
Briggs v. Ceco Building Systems · filed 1997-03-18(6)
On or about May 18, 1993, June 17, 1993 and August 27, 1993 plaintiff sustained injuries by accident arising out of and in the course of his employment resulting in back injuries, which materially aggravated and/or accelerated his existing, but then non-incapacitating, degenerative disc disease in his lumbar spine thereby proximately contributing to his ultimate disability as well as requiring him to twice undergo corrective back surgery for his resulting disc injury. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) defines an injury by accident to include a specific traumatic incident of the work assigned.
Lewis v. South Corr, L.L.C. · filed 1997-04-29(6)
1. On January 10, 1995, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant in that she sustained a specific traumatic incident of the work assigned. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2 recognizes a specific traumatic incident as a qualifying workplace injury for workers' compensation purposes.
Willett v. John J. Kirlin Co. · filed 1997-07-16(6)
Since Plaintiff did not suffer a specific traumatic incident, he is not entitled to benefits under the Workers' Compensation Act N.C.G.S. § 97-2.Read the full opinion on CourtListener →
Section 97-2(6) requires a compensable injury by accident or specific traumatic incident arising out of and in the course of employment.
Kelley v. D J's Trucking · filed 1998-01-09(6)
Plaintiff has failed to prove by the greater weight of the evidence that on or about July 25, 1992, he sustained an injury by accident or a specific traumatic incident arising out of and in the course of his employment with Defendant. N.C.G.S. §97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) covers injuries by accident and specific traumatic incidents arising out of and in the course of employment.
Silverthorne v. Trader Kate's, Inc. · filed 1998-02-18(6)
Due to the lack of credible or convincing evidence, the plaintiff has failed to prove by the greater weight of the evidence that she sustained either an injury by accident or an injury as a direct result of a specific traumatic incident arising out of and in the course of her employment with the defendant-employer. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) defines an injury by accident to include an injury resulting from a specific traumatic incident of assigned work.
Worthington v. Paul Morgan Construction Company · filed 1998-03-16(6)
On 29 June 1996, the plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant-employer as a result of a specific traumatic incident of his assigned work with the defendant-employer. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
For a back injury, § 97-2(6) requires an injury by accident or a specific traumatic incident to qualify for benefits.
Dickson v. Wilton-Connor Packaging · filed 1998-08-24(6)
Since Plaintiff did not suffer an injury by accident or a specific traumatic incident, she is not entitled to benefits under the Workers' Compensation Act. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) covers a specific traumatic incident during assigned work that injures a worker and aggravates a preexisting condition.
Corbett v. J. K. Barnhill Logging · filed 1999-01-14(6)
On January 2, 1996, plaintiff sustained an injury by accident arising out of and in the course of his employment, in that he suffered a specific traumatic incident while performing his assigned job duties, which resulted in a sciatic nerve injury and aggravation of degenerative disc disease. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) covers injuries by accident arising out of and in the course of employment and back injuries caused by a specific traumatic incident of assigned work.
Mitchell v. Pontiac · filed 1999-03-24(6)
Plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer. Further, plaintiff did not sustain a back injury as the result of a specific traumatic incident of the work assigned. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) covers compensable injuries by accident or specific traumatic incident arising out of and in the course of employment.
Leonard v. Lexington Furniture Ind. · filed 2001-09-12(6)
Plaintiff has failed to prove by the greater weight that she sustained a compensable injury by accident or specific traumatic incident arising out of and in the course of her employment with defendant-employer on April 20, 1999. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) recognizes a compensable injury caused directly by a specific traumatic incident of the assigned work.
Perry v. Charlotte-Mecklenburg Hosp. Auth. · filed 2001-10-22(6)
In order to establish a compensable injury to the back, the employee must prove that the disabling back injury arose out of and in the course of the employment and was the direct result of either an accident or a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) treats a sudden back injury caused by a specific traumatic incident during employment as a compensable injury by accident.
Hern v. City Chevrolet · filed 2001-11-13(6)
On January 19, 1999, plaintiff sustained a compensable back injury by specific traumatic incident in the course and scope of his employment with defendant-employer when he felt a sudden pop in his lower back as he bent over while working on a Lumina engine. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) treats an injury caused by a specific traumatic incident of the work assigned as an injury by accident arising out of employment.
Bragg v. Ameristeel · filed 2001-11-19(6)
Plaintiff sustained an injury by accident arising out of the scope of his employment with the defendant-employer as a direct result of a specific traumatic incident of the work assigned on April 2, 1999 when, after digging a nozzle out of the ladle using a jackhammer, he turned to take the jackhammer back to a table and experienced an immediate onset of severe pain which shot down into his hip, legs and feet, including the feeling of pins and needles and numbness in his feet. N.C. GEN. STAT. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) recognizes an injury as compensable when it results from a specific traumatic incident of the work assigned.
Harrison v. Lucent Technologies · filed 2001-11-29(6)
(I.C. NO. 970196) On May 21, 1999 plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant in that she sustained a cervical injury as the result of a specific traumatic incident of the work assigned. G.S. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2 requires proof that an accident or specific incident at work caused a back injury or materially aggravated a pre-existing back condition.
Clement v. Bojangles · filed 2002-05-21
Plaintiff has failed to prove that he suffered an injury by accident or specific incident which caused a back injury or materially aggravated plaintiff's pre-existing back condition while in the course and scope of his employment with defendant-employer on January 4, 1999, January 31, 1999 or February 4, 1999. N.C.G.S. § 97-2.Read the full opinion on CourtListener →
Section 97-2(6) does not cover neck symptoms that continue a pre-existing degenerative condition without a work-related accident, specific traumatic incident, or aggravation.
Heaffner v. Firestone Fibers Textiles · filed 2002-06-12(6)
Plaintiff did not sustain an injury by accident or specific traumatic incident arising out of and in the course of his employment with defendant-employer on April 25, 1999. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2 treats a specific traumatic incident arising out of and in the course of employment as an injury under the Workers' Compensation Act.
Smith v. Blowing Rock Hospital · filed 2002-05-22
On November 2, 1998, plaintiff sustained a compensable specific traumatic incident of the work assigned resulting in injury to her lower back and pain in her lower back and lower extremities. N.C.G.S. §97-2.Read the full opinion on CourtListener →
Section 97-2(6) covers a back strain caused by a specific traumatic incident of assigned work arising out of and in the course of employment.
Trivette v. Alex Lee, Inc. · filed 2002-06-19(6)
Plaintiff sustained an injury as a result of a specific traumatic incident of the work assigned arising out of and in the course of the employment on December 6, 1999. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) requires proof by the greater weight of the evidence that a specific traumatic incident to the back occurred in the course and scope of employment.
Keller v. Shook Builder Supply Co. · filed 2002-08-27(6)
Plaintiff has failed to prove by the greater weight of the evidence of record that he suffered a specific traumatic incident to his back while working in the course and scope of his employment with defendant-employer.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove the alleged specific traumatic incident to recover workers' compensation benefits.
Lightfoot v. Weyerhaeuser Co. · filed 2002-10-14(6)
Since plaintiff did not suffer a specific traumatic incident as alleged, he cannot prevail. In workers' compensation cases, the plaintiff has the burden of proving each element of his case. Since plaintiff did not carry the burden of proof in this case, he is not entitled to workers' compensation benefits. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury resulting from a specific traumatic incident of the work assigned.
Harris v. Idaho Timber Corp. · filed 2002-11-25(6)
Plaintiff has established by the greater weight of the evidence that he suffered an injury as the result of a specific traumatic incident of the work assigned on or about March 13, 2000.Read the full opinion on CourtListener →
Section 97-2(6) requires a back injury to result from a specific traumatic incident; the onset of pain on a particular date alone does not establish one.
Chambers v. Transit Management · filed 2006-11-17(6)
The onset of plaintiff’s pain on 4 December 2000, without more, does not establish evidence of a specific traumatic incident.Read the full opinion on CourtListener →
A back injury can satisfy the specific traumatic incident requirement even if back pain develops later, when the injury is tied to an identifiable workplace event.
Rose v. N.C. Department of Correction · filed 2012-03-06(6)
Here, it is undisputed that plaintiff fell and suffered an injury to his knee while at work. Chambers, therefore, does not, as a matter of law, require the conclusion that plaintiff failed to establish a “specific traumatic incident” as the DOC contends.Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident of the assigned work.
Lusk v. Hickory Springs Manufacturing Company · filed 1997-01-24(6)
On 3 February 1994, plaintiff sustained an admittedly compensable injury to his back arising out of and in the course of his employment with defendant-employer, which was the direct result of a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury arising out of and in the course of employment from a specific traumatic incident of assigned work.
Solgovic v. Triangle Real Estate of Gaston · filed 1998-05-29(6)
The plaintiff sustained an admittedly compensable injury arising out of and in the course of his employment and as a direct result of a specific traumatic incident of the work assigned on March 16, 1994.Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident of the work assigned.
Vannoy v. Carolina Home Oxygen Medical Supply · filed 1999-06-28(6)
Plaintiff sustained an admittedly compensable injury by accident to his back arising out of and in the course of his employment and as a direct result of a specific traumatic incident of the work assigned on 6 April 1997. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) allows compensation for an injury resulting from a specific traumatic incident during work.
Chambers v. Transit Management · filed 2005-08-16(6)
This record contains sufficient evidence to support the facts found by the Commission. Acknowledging the Commission's duty to judge the credibility of the witnesses and to determine the weight given to testimony, these facts are sufficient to support the conclusion of the Commission that plaintiff is entitled to disability income as compensation for his injury resulting from a specific traumatic incident as well as for injuries resulting from a compensable occupational disease.Read the full opinion on CourtListener →
An injury from an unusual work activity can result from a specific traumatic incident under § 97-2(6).
Beam v. Floyd's Creek Baptist Church · filed 1990-08-07(6)
Clearly, that activity was not within her normal work routine. This evidence established that claimant’s injury resulted from a specific traumatic incident that “occurred at a cognizable time.”Read the full opinion on CourtListener →
Section 97-2(6) treats a back injury as compensable when a specific traumatic incident occurs within a judicially cognizable period; a separate inciting event is not required.
Zimmerman v. Eagle Electric Manufacturing Co. · filed 2001-12-18(6)
As properly applied by the Commission here, the relevant inquiry was whether the plaintiffs symptoms of pain began at a “judicially cognizable” period. The Commission found, and the evidence fully supports, that on the two occasions identified, the plaintiff had an onset of specific symptoms on two specific days, 19 June 1996 and 16 September 1996. We hold that the Commission properly applied the law in concluding that these findings support the conclusions that on both days plaintiff sustained compensable injuries, as defined by N.C.G.S. § 97-2(6), and that the defendants’ argument on this point fails.Read the full opinion on CourtListener →
Specific traumatic incidents beyond back injuries
Section 97-2(6) treats a specific traumatic incident at work that aggravates or accelerates preexisting conditions and causes disability as a compensable injury.
Strickland v. Canteen Corporation · filed 1995-02-01(6)
On 10 July 1992 plaintiff experienced a specific traumatic incident which aggravated and/or accelerated his multiple sclerosis and coronary artery disease conditions so as to result in plaintiff becoming disabled.Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident or a specific traumatic incident of assigned work to establish a new work injury.
Sterling v. Mecklenburg County · filed 1995-06-21(6)
Employee-plaintiff has not sustained a new injury by accident nor a specific traumatic incident to the work assigned in her employ with employer-defendant as an in-home service worker since 23 February 1992. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats an injury as an injury by accident when it results from a specific traumatic incident of the work assigned or an interruption of normal work routine by unusual conditions likely to have unexpected consequences.
Gibbs v. W.H. Sullivan Co., Inc. · filed 1995-06-30(6)
On October 31, 1991 plaintiff did not sustain an injury either as the direct result of a specific traumatic incident of the work assigned, or from an interruption of his normal work routine by the introduction of unusual conditions likely to result in unexpected consequences; therefore, on October 31, 1991 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).Read the full opinion on CourtListener →
An injury does not qualify as an injury by accident under § 97-2(6) when it results neither from a specific traumatic incident of assigned work nor from an interruption of normal work routine by unusual conditions likely to cause unexpected consequences.
Wynn v. Ara Services · filed 1995-09-27(6)
On October 6, 1992, the plaintiff did not sustain an injury either as the direct result of a specific traumatic incident of the work assigned, or from an interruption of his normal work routine by the introduction of unusual conditions likely to result in unexpected consequences; therefore, on October 6, 1992 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).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury arising out of and in the course of employment when the worker sustains a specific traumatic incident of assigned work.
Pulley v. Andrex Industries · filed 1995-10-03(6)
On September 17, 1993, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer in that she sustained a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) recognizes a specific traumatic incident of assigned work arising out of and in the course of employment as an injury by accident.
Bailey v. Mohasco Corporation · filed 1995-10-12(6)
Plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer on June 11, 1992, in that plaintiff sustained a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats a specific traumatic incident of assigned work arising out of and in the course of employment as an injury by accident.
Batchelor v. Blue Ox Structures · filed 1996-03-15(6)
On October 31, 1991, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer in that he sustained a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Notes 601–750 of 3,404, oldest cases first.
Which of these rulings fit your facts?
Describe your situation under N.C. Gen. Stat. § 97-2. Ezel checks it against the cases on this page and answers with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace