N.C. Gen. Stat. § 97-2

Section 97-2(6) does not treat repeated swinging of a sledge hammer as the specific traumatic incident responsible for an injury when that activity did not cause the injury.

Wagoner v. Alray Tire Center · filed 1996-10-15(6)

Plaintiff's repeated swinging of the sledge hammer was not the "specific traumatic incident" responsible for plaintiff's injury. N.C. Gen. Stat. § 97-2 (6).

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

Snead v. Carolina Pre-Cast Concrete, Inc. · filed 1996-12-30(6)

On October 30, 1992, 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.

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

Robles v. Eastern Manufacturing Company · filed 1997-02-19(6)

On June 3, 1994, the plaintiff sustained an injury by accident, or specific traumatic incident arising out of and in the course of his employment with the defendant-employer. N.C. Gen. Stat. § 97-2 (6).

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

Evans v. Perdue Farms, Inc. · filed 1998-01-09(6)

On 19 January 1995 plaintiff sustained an injury by accident or specific traumatic incident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires a claimant to prove by a preponderance of competent, credible evidence that a personal injury by accident or specific traumatic incident of assigned work arose out of and in the course of employment.

MacWithey v. Bell Construction Company · filed 1998-02-12(6)

Under the North Carolina Workers' Compensation Act, the plaintiff has the burden of proving by a preponderance of the competent, credible evidence of record that he suffered a personal injury by accident or by specific traumatic incident of the work assigned and that such injury arose out of and in the course and scope of his employment. Plaintiff has failed to meet his burden and to establish that he suffered any disabling injury, as that term is defined as a result of the lifting incident of 8 October 1991.

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

Hiatt v. City of Winston-Salem · filed 1998-02-18(6)

On October 24, 1994, plaintiff sustained an injury by accident or specific traumatic incident arising out of and in the course of his employment with defendant-employer. Plaintiff's injury is compensable. N.C. Gen. Stat. § 97-2 (6).

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

Wilson v. Freightliner Corp. · filed 1998-05-29(6)

The plaintiff did not sustain an injury by accident or specific traumatic incident arising out of and in the course of his employment with the defendant on or about December 10, 1993. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a specific traumatic incident of assigned work that aggravates a pre-existing congenital condition and contributes to the need for surgery.

Thomas v. Madison Manufacturing Company · filed 1998-07-02(6)

The plaintiff sustained an injury as a result of a specific traumatic incident of the work assigned on May 10, 1995, which aggravated a pre-existing congenital condition and contributed to his need for fusion surgery. N.C. Gen. Stat. § 97-2 (6).

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

Cagle v. Southeastern Container, Inc. · filed 1998-09-02(6)

Plaintiff has failed to establish by the greater weight of the evidence that he suffered an injury by accident or specific traumatic incident arising out of or in the course of his employment with defendant-employer or as a direct result of work assigned by defendant-employer. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats an injury directly resulting from a specific traumatic incident of assigned work as a compensable injury.

Horsey v. Georgia-Pacific Corporation · filed 1998-09-18(6)

On 4 September 1996, plaintiff sustained an injury as a direct result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).

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

Kirkpatrick v. Ryburn · filed 1998-11-20(6)

On November 1, 1996, plaintiff sustained an injury by accident in that she sustained a specific traumatic incident of work assigned arising out of and in the course of her employment with the defendant-employer. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers an injury caused by a specific traumatic incident of assigned work or by an accident involving an interruption of the normal work routine with unusual conditions.

Durham v. Brenner Companies, Inc. · filed 1999-04-09(6)

On or about June 24, 1996, 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, any injury sustained by plaintiff on or about June 24, 1996 did not result from a specific traumatic incident of the work assigned, or from an injury by accident arising out of and in the course of plaintiff's employment with defendant-employer. N.C.G.S. § 97-2 (6).

Section 97-2(6) treats a specific traumatic incident arising out of and in the course of employment as a compensable injury.

Williams v. Perdue Farms · filed 1999-05-20(6)

Plaintiff did sustain a specific traumatic incident arising out of and in the course of her employment with defendant. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires sufficient evidence of a specific traumatic incident arising out of and in the course of employment to support compensation for a claimed injury.

Sheehan v. Perry M. Alexander Construction Company · filed 1999-09-01(6)

Plaintiff has failed to present sufficient evidence to demonstrate that he has suffered a specific traumatic incident arising out of and in the course of his employment with defendant. Accordingly, he is not eligible for compensation benefits under the Act. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires credible evidence of an injury by accident or specific traumatic incident causally related to employment for a compensable injury.

Monger v. Georgia-Pacific Chip and Saw Mill · filed 2001-10-22(6)

Plaintiff has failed to provide credible evidence that he suffered an injury by accident or a specific traumatic incident while in the employ of the defendant. Plaintiff has not offered any credible evidence that he suffered a new or aggravating injury while working for Georgia-Pacific. Plaintiff's condition is not causally related to any incident of his employment. Plaintiff's claim, therefore, is not compensable under the provisions of the North Carolina Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers an injury directly resulting from a specific traumatic incident of assigned work in the course and scope of employment.

Boger v. Curlee Masonry, Inc. · filed 2001-11-19(6)

On or about August 2, 1999, plaintiff sustained an injury as the direct result of a specific traumatic incident of the work assigned while in the course and scope of his employment. N.C. Gen. Stat. § 97-2 (6).

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

Corriher v. Oakwood Homes Corp. · filed 2002-01-18(6)

On May 12, 1998, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer, and on July 7, 1998, plaintiff sustained a compensable aggravation of that injury in a specific traumatic incident of the work assigned.

Section 97-2(6) treats a specific traumatic incident sustained during assigned work duties as an injury by accident.

Smith v. International Business MacHines · filed 2002-10-11(6)

Plaintiff, as a result of his assigned duties, sustained an injury by accident, a specific traumatic incident to his neck on March 4, 1998. N.C. Gen. Stat. § 97-2 (6).

An accepted specific traumatic incident may encompass a later-diagnosed cervical herniation when the evidence establishes that the incident caused it.

Carter v. Cape Fear Valley Health System · filed 2002-10-14(6)

Plaintiff suffered an admittedly compensable specific traumatic incident on July 13, 1999. N.C. Gen. Stat. § 97-2 (6). 2. Although the medical providers treating plaintiff failed to have a cervical MRI taken close in time to the specific traumatic incident, considerable objective corroborative evidence shows that the incident resulted in injury to the neck as well as lower portions of the back. The greater weight of the evidence points conclusively to the specific traumatic incident being the cause of the neck injury.

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

Lee v. Federal Paper Board Co. · filed 2002-10-14(6)

Plaintiff sustained an injury by accident arising out of and in the course of his employment with employer-defendant, as the result of a specific traumatic incident of the work assigned to him. N.C. Gen. Stat. § 97-2 (6).

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.

Pizano v. Broyhill Furniture Industries · filed 2002-10-28(6)

On 24 April 2000, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant in the form of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires proof of a work-related injury by accident or a specific traumatic incident to establish a compensable injury.

Knox v. Varlen Corp./carmet · filed 2002-11-27(6)

The greater weight of the evidence fails to establish that plaintiff sustained a work-related injury by accident on September 21, 1999 or on September 22, 1999 as a result of a specific traumatic incident. Therefore, plaintiff is entitled to no benefits under the workers' compensation Act. N.C. Gen. Stat. § 97-2 (6).

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

Sprinkle v. Eblen Short Stop Stores · filed 2002-12-03(6)

On 23 January 2000, 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).

A specific traumatic incident under § 97-2(6) need not involve unusual conditions or a departure from the employee’s normal work routine.

Furr v. Anvil Knitwear · filed 2003-02-25(6)

A specific traumatic incident need not involve unusual conditions or a departure from plaintiff's normal work routine.

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

Howell v. City of Durham · filed 2003-03-18(6)

Plaintiff sustained a compensable injury by accident arising out of his employment with defendant and as a direct result of a specific traumatic incident of the work assigned to him on February 6, 1998. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats an injury caused by a specific traumatic incident of assigned work as an injury by accident.

Lamb v. Hickory Springs Mfg. Co. · filed 2003-03-26(6)

Plaintiff suffered an injury in the course and scope of her employment with defendant-employer on 22 August 2000, as a direct result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 .

Section 97-2(6) recognizes a specific traumatic incident arising out of and in the course of employment when a worker is injured while pushing a building being delivered by the employer.

Otto v. Hollifield · filed 2003-05-15(6)

On or about February 28, 2000, plaintiff sustained a specific traumatic incident arising out of and in the course of his employment, when he was pushing on a building being delivered by the employer, and felt pain and a pop in his neck.

A specific traumatic incident under § 97-2(6) must occur at a cognizable time rather than develop gradually.

Ogle v. Wo Masonry · filed 2003-06-16(6)

"Specific traumatic incident" means that the "injury must not have developed gradually but must have occurred at a cognizable time."

Section 97-2(6) covers aggravation of pre-existing, asymptomatic degenerative disc disease caused by a specific traumatic incident of assigned work.

Ingram v. City of Asheville · filed 2003-07-16(6)

Plaintiff's neck problems, an aggravation of pre-existing but asymptomatic degenerative disc disease, were caused by a specific traumatic incident of the work assigned.

Section 97-2(6) requires the claimant to prove that an injury by accident arising out of and in the course of employment caused the claimed condition and disability; a specific traumatic incident may establish the injury.

Owens v. J.C. Penney Constr. Co. · filed 2003-09-19(6)

Plaintiff has the burden of proving that his condition and disability were caused by an injury by accident arising out of and in the course and scope of his employment. N.C. Gen. Stat. § 97-2 (6). Plaintiff sustained a specific traumatic incident on December 17, 2001. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) includes an injury caused by a specific traumatic incident.

Cooper v. Athol Mfg. Corp. · filed 2003-09-26(6)

Plaintiff was injured by a specific traumatic incident on February 2, 1996. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires a claimant to prove by the greater weight of the evidence that an injury by accident or specific traumatic incident occurred.

Whitfield v. Wal-Mart Stores Inc. · filed 2003-10-02(6)

Plaintiff, due to her incredible testimony as found above, has not met her burden of proving by the greater weight of the evidence that she sustained an injury by accident or specific traumatic incident on December 31, 2000 that led to her ultimate diagnosis of facet joint irritation.

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

Richardson v. P H Indus. · filed 2003-11-26(6)

Plaintiff did not sustain a compensable injury by accident or specific traumatic incident that arose out of and in the course of his employment with defendant-employer on January 3, 2001.

Section 97-2(6) treats a specific traumatic incident during assigned work as an injury by accident when pulling a stuck rack causes the worker’s hand to slip and body to jerk.

Foy v. Interstate brands/merita · filed 2004-05-25(6)

1. On 5 July 2001 the plaintiff sustained an injury by accident arising out of and in the course of his employment when he suffered a specific traumatic incident of the work assigned as he pulled a fully-loaded rack of bread which had become stuck, causing his hand to slip and his body to jerk.

Section 97-2(6) covers a specific traumatic incident at work that materially aggravates a preexisting neck condition.

Carter v. Lexington Furniture Indus. · filed 2004-08-27(6)

Plaintiff sustained a specific traumatic incident to her neck arising out of and in the course of her employment as a direct result of the work assigned, which materially aggravated her preexisting degenerative disc disease and cervical spondylosis, when she reached up to place a drawer in a chest on or about 1 May 2000 and immediately felt an electric-like, shocking sensation radiate from her neck to both arms.

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.

Braswell v. Kelly Svcs. · filed 2004-11-17(6)

Plaintiff did not sustain an injury by accident or a specific traumatic incident that arose out of and in the course of her employment on November 7, 2002. N.C. Gen. Stat. § 97-2 (6).

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

Lane v. Beall's Inc. · filed 2005-01-03(6)

Plaintiff sustained an injury by specific traumatic incident arising out of and in the course of her employment on September 21, 2001 and October 5, 2001. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires proof by the greater weight of competent evidence of an injury by accident or specific traumatic incident of the work assigned.

Moseley v. Lamco Machine Tool Co. · filed 2005-01-07(6)

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

Section 97-2(6) treats a specific traumatic incident while lifting a board at work as a compensable injury.

McKinney v. Allen · filed 2003-03-19(6)

Plaintiff experienced a compensable specific traumatic incident on August 8, 2001 as she was lifting a board at work. N.C.G.S. § 97-2(6).

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

Davis v. Southeastern Outdoor Products · filed 2003-06-12(6)

In October 1998 the plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer in that he sustained a specific traumatic incident of the work assigned. N.C.G.S. § 97-2(6).

Section 97-2(6) does not require an immediate onset of pain for a back injury to result from a specific traumatic incident of assigned work.

Kelly v. Carolina Components · filed 1987-06-02(6)

Defendant appears to contend that the statute requires evidence of an immediate onset of pain in order to support a finding of a “specific traumatic incident” and contends that the evidence shows that plaintiff began to experience pain after the incident. While we decline to give the statute so narrow a construction, plaintiff clearly testified at one point that he experienced pain ... and pressure at the time of the incident, and we therefore reject this argument.

Section 97-2(6) requires a back injury from a specific traumatic incident to occur within a judicially cognizable time period, but does not require proof of the exact hour or day.

Fish v. Steelcase, Inc. · filed 1994-11-01(6)

While the case law interpreting the specific traumatic incident provision of N.C. Gen. Stat. § 97-2(6) requires the plaintiff to prove an injury at a cognizable time, this does not compel the plaintiff to allege the specific hour or day of the injury.

Section 97-2(6) requires proof that a cervical spine injury resulted from a specific traumatic incident or an unusual interruption of the normal work routine.

Althaus v. Aetna Life and Surety Company · filed 1995-10-25(6)

Since plaintiff's testimony was not credible, plaintiff did not prove that any injury he may have sustained to his cervical spine on or about 24 November 1993 resulted from a specific traumatic incident or an interruption of his normal work routine by an unusual condition likely to result in unexpected consequences.

Section 97-2(6) requires proof that a specific traumatic incident at work caused an injury to the back.

Vestal v. R. J. Reynolds Tobacco Company · filed 1995-09-27(6)

Plaintiff has failed to prove that any specific traumatic incident at work caused an injury to her back.

Section 97-2(6) does not require an employee to identify the precise moment of a back injury caused by a specific traumatic incident.

Wayne v. Acoustical Concepts, Incorporated · filed 1996-09-19(6)

In the instant case, plaintiff's injury arose between 11:00 a.m. and 12:00 noon on 14 February 1994, while he was installing ceiling grid. While it is true that plaintiff did not state precisely the moment in time that he injured his back, N.C. Gen. Stat. § 97-2 (6) does not require such precision.

Section 97-2(6) includes a back injury arising from contemporaneous work activities over a cognizable period of time even when the worker cannot identify a single moment that caused the injury.

Silvis v. Carolina Cable Connector · filed 1997-01-07(6)

Back injuries that occur contemporaneously over a cognizable period of time fit within the definition of N.C. Gen. Stat. § 97-2 (6). Although plaintiff cannot point to a specific incident in time during the morning of 2 August 1992 that caused the injury to her back, she can point to a series of contemporaneous events which could have caused her injury.

Section 97-2(6) requires proof by the greater weight of the evidence of an injury by accident or specific traumatic incident arising out of and in the course of employment, or material aggravation of a pre-existing condition from assigned work.

Gilliken v. Creative Outlet Incorporated · filed 1997-07-08(6)

Plaintiff has failed to prove by the greater weight 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 the defendant-employer. Plaintiff has also failed to prove by the greater weight of the evidence that she materially aggravated her pre-existing back condition as a result of the work assigned. Plaintiff is not entitled to compensation under the Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (6).

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

Walton v. Triangle Sun · filed 1997-08-26(6)

The plaintiff has failed to prove by the greater weight of the credible evidence of record that he sustained an injury by accident or a specific traumatic incident to his back on April 2, 1996, which arose out of and in the course of his employment with defendant-employer.

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

Shook v. Service America Corporation · filed 1997-09-10(6)

Plaintiff did not sustain an injury by accident or specific traumatic incident arising out of and in the course of the employment on 9 November 1994. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires proof of a specific traumatic incident arising out of and in the course and scope of employment for a claimed back injury.

Sprinkle v. Eblen Short Stop Stores, Inc. · filed 1998-02-18(6)

Plaintiff has failed to prove by a preponderance of the competent, credible and convincing evidence of record that she suffered a work-related injury on January 5, 1995. Plaintiff did not sustain an injury to her back by way of a specific traumatic incident arising out of and in the course and scope of her employment on January 5, 1995. N.C. Gen. Stat. § 97-2 (6).

A back injury caused by a series of contemporaneous work events during a cognizable period can qualify as an injury by accident.

Thompson v. the Peninsula Club · filed 1998-03-27(6)

Plaintiff sustained an injury to his back as a direct result of a specific traumatic incident during a cognizable period of time on June 28, 1996 and July 1, 1996 while working for defendant-employer. The injury was caused by a series of contemporaneous events involved in the cup changing and mowing activities.

Section 97-2(6) covers an immediate, acute onset of neck pain during assigned work as an injury from a specific traumatic incident.

Meready v. Kinston Apparel · filed 1998-06-04(6)

On 26 February 1996 plaintiff sustained a compensable 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 when she felt an immediate and acute onset of pain in her neck while throwing a finished shirt to her right. N.C. Gen. Stat. § 97-2 (6).

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

Yourkiewicz v. Liberty Corners Enterprises · filed 2010-06-30(6)

Plaintiff has failed to prove by the greater weight of the competent evidence that on or about February 7, 2009, she sustained an injury by accident or specific traumatic incident arising out of and in the course of her employment with Defendant-Employer. Accordingly, Plaintiff's claim must be denied. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires an alleged specific traumatic incident to arise out of and in the course of employment to qualify as an injury by accident.

Schmidt v. N.C. Department of Transportation · filed 2010-07-01(6)

On October 2, 2007, plaintiff did not sustain 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.

An injury caused by a specific traumatic incident while performing assigned work qualifies as an injury by accident.

Barnes v. Western Carolina University · filed 2010-08-24(6)

On January 14, 2008, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant in the form of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats a cervical injury caused by a specific traumatic incident during assigned work as an injury by accident.

Meadows v. Caro State Ind. of Ranlo, Inc. · filed 1995-04-03(6)

Then on 7 June 1990 plaintiff sustained a second injury arising out of and in the course of his employment with defendant-employer while lifting a bag of ice at work associated with the sudden onset of a sharp pain in the right cervical spine which radiated into his right arm and hand; therefore, constituting a specific traumatic incident of the work assigned. ... Plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer in June 1990 to his cervical spine. N.C. Gen. Stat. § 97-2 (6).

A neck or back injury without a specific traumatic incident is compensable as an accident only if the normal work routine is interrupted by unusual conditions likely to cause unexpected consequences.

Thorne v. Sara Lee Bakery Corporation · filed 1996-05-28(6)

In order for an accident involving neck and back injuries to be compensable if it does not occur as a result of a specific traumatic incident, there must be an interruption of the normal work routine and the introduction of unusual conditions likely to result in unexpected consequences.

Section 97-2(6) covers a cervical spine injury directly resulting from a specific traumatic incident of assigned work.

Blakley v. Allied Systems, Ltd. · filed 1997-04-14(6)

The plaintiff sustained an injury to his cervical spine arising out of and in the course of his employment and is the direct result of a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).

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

Landires v. Gaston Memorial Hospital · filed 1994-12-16(6)

Plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer on August 29, 1990 which constituted an aggravation of her pre-existing condition which had resulted from the injury she had sustained on April 23, 1990 during her employment with defendant-employer.

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

Avery v. Alfred McAlpine, Incorporated · filed 1995-02-15(6)

As a result of the admittedly compensable injury by accident plaintiff sustained on or about January 2, 1991, plaintiff sustained an aggravation of his pre-existing back condition. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) does not treat a work incident as an injury by accident when the evidence fails to show that the incident caused the worker’s symptoms or significantly aggravated a pre-existing condition.

Hayman v. hillhaven/guardian Care · filed 1995-08-31(6)

The evidence of record is insufficient to prove by its greater weight that the nerve root impingement and associated pain sustained by plaintiff resulted from the incident on 20 July 1993, as opposed to the pre-existing degenerative and arthritic changes in her lumbar spine. The evidence of record is insufficient to prove by its greater weight that plaintiff's pre-existing degenerative conditions were significantly aggravated by the 20 July 1993 incident. ... Plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant on 20 July 1993. N.C. Gen. Stat. § 97-2 (6).

Under § 97-2(6), the employer takes the employee as it finds him, including a preexisting condition, when deciding whether an injury arose by accident from employment.

Tharp v. Southern Gables, Inc. · filed 1996-03-08(6)

The employer takes the employee as it finds him, including his alcoholism and alcohol withdrawal seizures. N.C. Gen. Stat. § 97-2 (6) and § 97-12 .

Section 97-2(6) covers an injury by accident arising out of and in the course of employment that significantly aggravates a pre-existing condition, including a later aggravation that naturally follows the primary injury without an independent intervening cause.

Goldsmith v. City of Greensboro · filed 1996-05-01(6)

The 5 April 1993 injury by accident significantly aggravated plaintiff's pre-existing cervical spondylosis, stenosis and weakness in his extremities. The subsequent aggravation which occurred on 16 April 1993 was a natural consequence of the primary injury by accident on 5 April 1993. The incident on 16 April 1993 was not the result of an independent intervening cause attributable to plaintiff's own intentional conduct. ... On 5 April 1993 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant. N.C. Gen. Stat. § 97-2 (6).

An accidental workplace injury that significantly aggravates or accelerates a pre-existing condition qualifies as an injury by accident under subsection (6).

Herring v. Murray Crane Services · filed 1996-06-06(6)

On January 21, 1993, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer when he fell on a roof and significantly aggravated and accelerated a pre-existing condition. Plaintiff's current disability is causally related to his aggravating work related injury. Plaintiff was not disabled from work prior to his injury. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires proof that a work-related incident caused or aggravated the condition for which compensation is sought.

Daye v. Statesville Ford Lincoln Mercury · filed 1996-09-25(6)

Plaintiff has failed to prove by the greater weight of the evidence that the April 8, 1994 work-related incident involving the dumpster lid caused plaintiff's cervical and/or lumbar condition treated by Dr. Wilson and/or aggravated a pre-existing cervical and/or lumbar condition. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers an employment accident that materially aggravates previously asymptomatic degenerative disc disease.

Harrington v. Adams-Robinson Enterprises, Inc. · filed 1996-10-29(6)

As a result of the injuries sustained in this accident plaintiff's pre-existing but previously asymptomatic degenerative disc disease was materially aggravated which ultimately resulted in a five percent (5%) permanent partial impairment to his back. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a workplace injury by accident that materially aggravates a previously non-symptomatic condition.

Best v. Wake Medical Center · filed 1997-01-30(6)

On 1 February 1994, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant which materially aggravated her previously non-symptomatic condition for the worse. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a work-related injury by accident that aggravates, exacerbates, or accelerates preexisting osteoarthritis.

Waters v. Weyerhaeuser Corporation · filed 1998-06-12(6)

As a direct and proximate result of the plaintiff's work-related injury by accident on July 6, 1995, plaintiff sustained an aggravation, exacerbation and/or acceleration of his osteoarthritis of the right hip, which resulted in hip pain.

Section 97-2(6) treats an injury by accident that aggravates a pre-existing condition and proximately causes disability as compensable.

Abernathy v. Laurel Hill Nursery · filed 1998-10-12(6)

To the extent that plaintiff had pre-existing conditions of cervical spondylosis and foraminal stenosis, those conditions were aggravated by the plaintiff's January 8, 1993 injury by accident, proximately causing disability. The resulting disability is compensable. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats an accidental workplace injury that materially aggravates a preexisting condition as a compensable injury by accident.

Matthews v. Resource Recycling, Inc. · filed 1999-06-18(6)

Plaintiff sustained an injury by accident on October 20, 1994, while in the course and scope of his employment with defendant and said accidental injury materially aggravated his pre-existing condition of pigmented villonodular synovitis. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires the claimant to prove by the greater weight of the evidence that a work-related incident materially accelerated or aggravated a preexisting condition.

Fowler v. Sonoco · filed 1999-10-29(6)

Plaintiff has failed to show by the greater weight of the competent, credible, or convincing evidence that any July 8, 1997 work-related incident materially accelerated and/or aggravated plaintiff's pre-existing disc herniation at the L4-L5 level. N.C. Gen. Stat. § 97-2 (6).

An injury by accident is compensable under § 97-2(6) when it augments and accelerates a pre-existing disease.

Cox v. City of Winston-Salem · filed 2001-09-10(6)

Plaintiff sustained an admittedly compensable injury by accident arising out of and in the course and scope of his employment with defendant-employer on August 31, 1998. Additionally, this injury augmented and accelerated the disease process of the pre-existing intraosseous chondrosarcoma that was within plaintiff's right clavicle allowing the tumor to become more aggressive and to spread into adjacent tissues. N.C. Gen. Stat. § 97-2 (6).

An injury by accident includes a workplace accident that materially aggravates a preexisting condition and contributes in some reasonable degree to disability.

Absher v. Thomas Built Buses, Inc. · filed 2001-11-28(6)

On May 28, 1997 plaintiff sustained a compensable injury by accident arising out of and in the course of her employment to her cervical spine when a tow motor hit her. N.C. Gen. Stat. § 97-2 (6). This injury by accident materially aggravated her underlying, preexisting condition by fracturing the surgically-fused disc, and contributed in some reasonable degree to plaintiff's ongoing disability.

An injury by accident under § 97-2 includes a work accident that materially accelerates or aggravates a preexisting degenerative condition.

Smith v. Acme Stone Co. · filed 2002-02-11(6)

Plaintiff has proven by the greater weight of the evidence that he sustained an injury by accident on December 16, 1999, which injury arose out of and during the course of plaintiff's employment with defendant-employer and materially accelerated or aggravated plaintiff's preexisting cervical degenerative disease.

Section 97-2(6) covers a work accident that materially aggravates a pre-existing condition and contributes to disability.

Baldwin v. Citation Foundry Service · filed 2002-02-27(6)

Plaintiff's accident materially accelerated and aggravated his pre-existing non-disabling spondylolysis and proximately contributed to his disability. ... On July 10, 2000, plaintiff suffered an injury by accident arising out of and in the course of the employment for which there are compensable consequences. N.C. Gen. Stat. § 97-2 (6).

An injury by accident that aggravates a pre-existing condition can be a proximate cause of the resulting disability.

Hawkins v. Time Mortgage Co. · filed 2002-05-03

Plaintiff's compensable injury by accident of 9 August 1999 aggravated her pre-existing spondylolisthesis, and is a proximate cause of plaintiff's resulting disability. N.C. Gen Stat. § 97-2 .

Section 97-2(6) treats a workplace collision that materially aggravates a preexisting, asymptomatic condition as a compensable injury by accident.

Simpson v. Texturing Services, Inc. · filed 2002-07-08(6)

On 14 July 2000, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment to his right shoulder when he walked into or was struck by a forklift. N.C. Gen. Stat. § 97-2 (6). This injury by accident materially aggravated an underlying, preexisting, asymptomatic right shoulder condition, thereby necessitating medical treatment and surgical repair of plaintiff's right shoulder.

Section 97-2(6) treats a work injury that materially aggravates a pre-existing condition as a compensable injury.

Hodges v. Flanagan Clean Care, Inc. · filed 2002-08-22(6)

On October 28, 1999, Plaintiff experienced a compensable injury that materially aggravated his pre-existing lumbar condition. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats an injury by accident that materially aggravates and accelerates a preexisting condition as compensable, including resulting injuries.

Mosley v. N.C. State University · filed 2002-11-25(6)

Plaintiff sustained an admittedly compensable injury by accident on 17 July 1995. N.C. Gen. Stat. § 97-2 (6). This injury by accident materially aggravated and accelerated an underlying, preexisting medical condition, and resulted in compensable injuries to both of plaintiff's feet.

Section 97-2(6) treats an injury by accident that materially aggravates a preexisting condition as compensable.

Ham v. Pinewood Forest · filed 2003-02-26(6)

As a result of her compensable injury by accident on 31 January 1998, while working for defendant-employer, Pinewood Forest Assisted Living, plaintiff materially aggravated her pre-existing condition of degenerative disc disease. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a compensable workplace fall that injures and aggravates a preexisting back condition.

Ingram v. Alltel · filed 2003-06-03(6)

On May 25, 1999, plaintiff suffered a compensable fall arising out of and in the course of her employment with Alltel, which resulted in injury and aggravation to her back. N.C. Gen. Stat. § 97-2 (6).

A work accident that aggravates a pre-existing back or shoulder condition is a compensable injury by accident.

Pittman v. Barnhill Contr. · filed 2003-07-28(6)

The credible medical evidence in the record shows that to the extent plaintiff had pre-existing conditions of his back and/or left shoulder, his August 15, 2000 fall at work aggravated or exacerbated said conditions, therefore making them compensable workers' compensation injuries. ... On August 15, 2000, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer, resulting in injuries to his back and neck, left wrist, and left shoulder. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats a work accident that aggravates a pre-existing condition as a compensable injury.

Bragg v. Trader Constr. Co. · filed 2003-11-21(6)

As a direct result of plaintiff's injury by accident, Plaintiff's pre-existing condition was aggravated and plaintiff sustained a compensable injury arising out of and in the course of his employment with defendant on September 23, 1999. N.C. Gen. Stat. § 97-2 (6).

A claimant must prove that a workplace accident materially aggravated a preexisting condition to recover for that condition as an injury by accident.

Wester v. Wilson Cty. · filed 2004-04-13(6)

As a result of the compensable injury by accident occurring on January 30, 2001, plaintiff injured her left knee, her low back and the C5 area of her cervical spine. However, she did not prove that her preexisting Chiari malformation was materially aggravated by the accident. N.C. Gen. Stat. § 97-2 (6); Click v. Pilot Freight Carriers, Inc. , 300 N.C. 164 (1980).

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

Davis v. Columbus Cty. Schools · filed 2004-03-22(6)

On October 26, 1998, plaintiff sustained an injury by accident to her left arm arising out of and in the course of her employment with defendant that aggravated or exacerbated her pre-existing left shoulder condition. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires proof that a workplace accident proximately caused the claimed condition, including proof of material aggravation when the condition preexisted the accident.

Davis v. wal-mart/sam's Club · filed 2004-04-13(6)

However, the left knee condition for which plaintiff was treated beginning May 21, 2001 was not proven to have been a proximate result of the injury in question since the evidence did not establish that his preexisting osteoarthritis was materially aggravated by the accident.

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

Pickett v. American Tire Distributors · filed 2004-08-24(6)

On March 20, 2003 plaintiff sustained a compensable injury by accident in the course and scope of his employment with defendants, which aggravated a pre-existing but asymptomatic condition of his cervical spine.

Section 97-2(6) covers a work accident that significantly aggravates a pre-existing condition and causes symptoms that may require future treatment.

Huntley v. Consol. metco/varlen Corp. · filed 2004-12-06(6)

As a result of plaintiff's admitted injury by accident of March 4, 2002, he significantly aggravated a pre-existing condition which has caused symptoms that may require elbow replacement surgery in the future. N.C. Gen. Stat. §§ 97-2 (6), 97-25.1 .

Section 97-2(6) covers an injury by accident that aggravates a pre-existing arm and shoulder condition.

Avery v. Chevrolet · filed 2005-02-17(6)

On or about May 26, 1999, Plaintiff sustained a compensable injury by accident and/or aggravation of a pre-existing condition to his arm and shoulder as set forth in the Form 18 filed by Plaintiff on August 31, 1999 and the Form 60 filed by Defendant-Employers on June 27, 2001. N.C. Gen. Stat. § 97-2 (6).

An accidental workplace injury that aggravates a pre-existing condition and causes disability is compensable under § 97-2.

Case v. Bbt Corp. · filed 2005-05-20(6)

The greater weight of the competent medical evidence indicates the plaintiff's fall aggravated her pre-existing condition thus bringing on the pain and the leg weakness that resulted in the surgery or was the causative factor in creating the condition that resulted in her surgery and current disability.

Section 97-2(6) treats a work accident that temporarily aggravates a pre-existing condition and causes back pain as a compensable injury by accident.

Robson v. Fayetteville Family Medical Care · filed 2005-09-29(6)

Plaintiff sustained an admittedly compensable injury by accident on March 27, 2001 resulting in the temporary aggravation of her pre-existing condition and causing plaintiff's back pain. N.C. Gen. Stat. § 97-2 (6).

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

Bryant v. Goodyear Tire Rubber Co. · filed 2005-11-23(6)

On July 19, 2002 plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant. As result of this injury by accident a pre-existing condition was aggravated or exacerbated. N.C. Gen. Stat. § 97-2 (6).

An injury by accident arising out of and in the course of employment includes an accident that aggravates a pre-existing condition.

Early v. Mart · filed 2005-12-15(6)

On or about July 7, 2001, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant, when a box dropped on her left foot. As a consequence of this injury by accident, plaintiff sustained an aggravation of her pre-existing left foot, back and right side pain. N.C. Gen. Stat. §§ 97-2 (6); 97-2 (19), 97-25 .

Section 97-2(6) covers a pre-existing psychological or psychiatric condition aggravated as a proximate result of a compensable injury, with responsibility beginning when the aggravation occurs.

Deem v. Hbe Corporation · filed 2006-01-17(6)

Plaintiff's pre-existing psychological and psychiatric condition was significantly aggravated as a proximate cause of plaintiff's compensable injury. However, this aggravation did not occur until plaintiff underwent surgery on November 21, 2002. Therefore, defendants are only responsible for psychological and psychiatric treatment and medication after November 21, 2002 and continuing. N.C. Gen. Stat. §§ 97-2 , 97-25 .

Section 97-2(6) includes a work-related traumatic incident that aggravates a pre-existing condition within an injury by accident.

Henderson v. Go Forth Pest Management · filed 2006-04-21(6)

On or about March 28, 2002, plaintiff sustained an injury by accident to his neck as a result of a specific traumatic incident of the work assigned, arising out of and in the course of his employment with the defendant-employer that aggravated his pre-existing neck and shoulder conditions.

An injury by accident arising out of and in the course of employment includes an accident that aggravates a pre-existing condition.

Atkins v. Goodyear Tire Rubber Co. · filed 2006-10-26(6)

Plaintiff sustained an injury by accident arising out of and in the course of the employment on 12 May 2003, which aggravated his pre-existing condition and resulted in his being written out of work beginning on 11 August 2003.

Section 97-2(6) treats an aggravation of a pre-existing condition that results in lost wage earning capacity as a compensable injury.

Jenkins v. Asheville City Schools · filed 2006-11-27(6)

The aggravation of a pre-existing condition that results in the loss of wage earning capacity is a compensable injury. ... On April 23, 2002, plaintiff sustained a second compensable injury by accident arising out of and in the course of his employment with defendant-employer, which aggravated the previous injury to plaintiff's low back. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats an accidental injury arising out of and in the course of employment as compensable when it aggravates a pre-existing condition.

Payne v. Bertlesmann · filed 2006-12-22(6)

On March 15, 2000, Plaintiff suffered a compensable injury by accident arising out of and in the course of her employment when the picker she was operating hit a steel beam throwing Plaintiff off balance and causing her to strike her left shoulder and left side on the picker cage. Plaintiff's injury caused left shoulder pain and aggravated her pre-existing neck condition. N.C. Gen. Stat. § 97-2 (6).

An injury by accident under § 97-2(6) includes a workplace fall that aggravates pre-existing spinal conditions and makes them symptomatic.

Rollins v. K-Mart Corp. · filed 2007-01-10(6)

Plaintiff's fall on August 11, 2003 caused a compression fracture at L4 and triggered the symptoms related to the pre-existing conditions of degenerative disc disease and spinal stenosis. N.C. Gen. Stat. § 97-2 (6); Click v Pilot Freight Carriers, Inc. , 300 N.C. 164 , 265 S.E. 389 (1980).

Section 97-2(6) treats a workplace accident that aggravates pre-existing arthritis and accelerates the need for surgery as a compensable injury by accident.

Dean v. Wesleyan Edu. Cen. · filed 2007-02-02(6)

Plaintiff's fall of April 7, 2004, aggravated her pre-existing arthritis. Plaintiff's condition after her April 7, 2004 injury was further aggravated by her second work injury on April 27, 2004. Both accidents aggravated her pre-existing arthritis and accelerated her need for hip replacement surgery. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a back condition caused when a workplace fall aggravates or accelerates degenerative disc disease.

Hutchings v. Davidson · filed 2007-05-31(6)

Plaintiff's fall at work aggravated or accelerated her degenerative disc disease, to the point that she became symptomatic. ... Based upon the greater weight of the evidence, plaintiff's back condition is causally related to her compensable fall that occurred on December 1, 2001. N.C. Gen. Stat. § 97-2 (6), Click v. Pilot Freight Carriers, Inc. , 300 N.C. 164 , 265 S.E.2d 389 (1980).

Section 97-2(6) treats an accident that materially accelerates a pre-existing condition as a compensable injury, even if the accident would not have disabled a person without that condition.

Barnes v. Moses Cone Health Sys. · filed 2007-05-31(6)

Plaintiff's left knee condition is compensable because the accident materially accelerated her pre-existing arthritis in both knees, and the injuries to her right knee also materially accelerated her pre-existing left knee condition, by putting more stress on the left knee. Therefore, these conditions are compensable, even though the accident may not have otherwise caused disability to a normal person.

Section 97-2(6) does not treat a pre-existing condition as a compensable injury when a workplace accident neither caused nor materially aggravated it.

Tapia v. Food Lion, LLC · filed 2008-02-01(6)

Plaintiff's back condition is a pre-existing condition that was not materially aggravated by her January 13, 2005, workplace accident, or by the right knee injury arising therefrom. Plaintiff's back condition is therefore not a compensable injury under the Workers' Compensation Act.

Section 97-2(6) treats aggravation of a pre-existing condition that causes loss of wage-earning capacity as compensable when a work-related injury contributes to it.

Wissa v. Dillard's · filed 2008-02-05(6)

Aggravation of a pre-existing condition that results in loss of wage earning capacity is compensable. ... Thus, on November 29, 2004, plaintiff sustained a compensable aggravation of her degenerative disc disease arising out of and in the course of her employment with defendant-employer when she suffered an injury to her back while moving merchandise from Z racks to sales racks. N.C. Gen. Stat. § 97-2 (6).

An accident that aggravates or exacerbates a pre-existing condition is a compensable injury by accident when it arises out of and in the course of employment.

Hatcher v. Valley Protein, Inc. · filed 2008-07-14(6)

On November 26, 2003, plaintiff sustained an injury by accident to his back arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6). ... Where an accident aggravates or exacerbates a pre-existing condition, it is compensable.

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

Holland v. Lely Manufacturing, Inc. · filed 2008-08-15(6)

Based on a careful review of the record in this matter, the Full Commission finds that Plaintiff sustained an injury by accident on February 17, 2005, and that the injury by accident significantly or materially aggravated Plaintiff's pre-existing left ankle condition.

Section 97-2(6) covers an injury by accident arising out of and in the course of employment that materially aggravates a pre-existing degenerative condition.

Carrington v. Duke University · filed 2009-01-08(6)

On January 17, 2006, plaintiff sustained a compensable injury by accident arising out of and in the course of her employment with defendant-employer, which resulted in an injury to her right foot and ankle and a material aggravation of her pre-existing degenerative back condition.

Section 97-2(6) covers a work accident that significantly aggravates a pre-existing condition and produces a disabling condition.

Bolejack v. Mobilift of Burlington · filed 2009-03-20(6)

Plaintiff's fall at work on May 31, 2006, and the consequences thereof, including the need for hip replacement surgery on September 21, 2006, materially augmented, significantly aggravated or otherwise combined with plaintiff's pre-existing back condition to produce his current back condition.

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

Moore v. Sleepy Creek farms/goldsboro Milling Co. · filed 2009-05-05(6)

Plaintiff's February 16, 2006 injury by accident materially aggravated and accelerated his pre-existing right knee arthritis and osteonecrosis, resulting in a right knee replacement on October 12, 2006, which directly caused the need for the February 8, 2008 right knee manipulation procedure.

A compensable injury by accident can include a material aggravation of pre-existing psychiatric conditions caused by the workplace accident.

Ramos v. Wal-Mart · filed 2009-05-27(6)

As a result of her January 5, 2004 injury by accident, plaintiff sustained a material aggravation of her pre-existing major depression and borderline personality disorder.

Section 97-2(6) covers a work injury that materially aggravates pre-existing, non-disabling arthritis in another joint.

Tharrington v. Wal-Mart Stores · filed 2010-01-06(6)

As a result of Plaintiff's November 19, 2006 work injury, he sustained a left ankle injury, which materially aggravated his pre-existing, non-disabling right knee arthritis, requiring a right total knee replacement surgery.

Section 97-2(6) treats a work incident that materially aggravates a pre-existing condition as a compensable injury.

Outen v. N.C. Department of Correction · filed 2010-04-26(6)

Plaintiff has shown that he sustained a material aggravation of his pre-existing right hip non-union condition in the July 26, 2007 incident at work. Such aggravation is compensable. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a compensable workplace accident that aggravates or accelerates a pre-existing, non-disabling physical or psychological condition and causes disability; the employer must compensate the entire resulting disability.

Baldwin v. a Southern Season · filed 2010-06-22(6)

When a pre-existing, non-disabling, physical or psychological condition is aggravated or accelerated by a compensable workplace accident, such that disability results, the employer must compensate the employee for the entire resulting disability.

An injury by accident includes the material aggravation of a pre-existing physical or psychological condition by a compensable workplace accident; resulting disability is compensable.

Baldwin v. a Southern Season, Inc. · filed 2010-08-23(6)

When a pre-existing, non-disabling, physical or psychological condition is aggravated or accelerated by a compensable workplace accident, such that disability results, the employer must compensate the employee for the entire resulting disability.

Section 97-2(6) covers an injury by accident at work that aggravates a pre-existing, non-disabling condition and makes it disabling.

McKoy v. bridgestone/firestone · filed 2010-08-30(6)

The Full Commission finds as fact that plaintiff suffered a compensable injury by accident on 26 June 2008 which resulted in the aggravation of a pre-existing, non-disabling arthritic condition of plaintiff's back and neck, thereby causing it to become disabling.

A specific traumatic incident that aggravates a pre-existing back condition can constitute a compensable injury.

Gregory v. W. A. Brown Sons · filed 2010-09-08(6)

On or about October 10, 2001, plaintiff sustained a compensable injury as the result of a specific traumatic incident that aggravated her pre-existing back condition. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) covers a work-related specific traumatic incident that materially exacerbates a pre-existing, non-disabling back condition as an injury by accident.

Smith v. City of Greenville · filed 2010-09-14(6)

On December 10, 2003, plaintiff sustained an admittedly compensable injury by accident to his lower back in the form of a specific traumatic incident arising out of and in the course of his employment with defendant. As the direct and natural result of and causally related to his December 10, 2003 injuries by accident, plaintiff sustained a material exacerbation of his pre-existing, non-disabling degenerative back condition. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats a work accident that materially aggravates pre-existing symptoms as a compensable injury by accident.

Mathes v. Lion · filed 2010-11-02(6)

Plaintiff experienced a compensable injury by accident on February 6, 2009. Said incident materially aggravated his pre-existing low back and neck symptoms. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) treats aggravation of a pre-existing condition that causes loss of wage earning capacity as a compensable injury.

Norris v. J.E. Wilson Enterprises · filed 2011-01-31(6)

The aggravation of a pre-existing condition that results in the loss of wage earning capacity is a compensable injury.

Section 97-2(6) covers a material aggravation of a preexisting condition resulting from a compensable injury by accident.

Crissey v. Wilmington Cardiology · filed 2011-07-06(6)

As the result of her August 14, 2009 admittedly compensable injury by accident to her right-knee and January 29, 2010 right-knee surgery, plaintiff's pre-existing, non-disabling low back condition was materially aggravated for the worse, eventually necessitating surgical intervention.

Section 97-2(6) treats a workplace injury that aggravates pre-existing conditions as a compensable injury.

Meeler v. Stock Building Supply · filed 2011-09-21(6)

Plaintiff sustained a compensable injury to his left knee and his lower back on September 2, 2008, which aggravated and exacerbated his pre-existing problems. N.C. Gen. Stat. § 97-2 (6).

A compensable injury by accident includes a material aggravation of pre-existing degenerative arthritis causally related to the workplace accident.

Jones v. Heating · filed 2011-10-12(6)

Regardless of the burden of proof, as the direct and natural result of and causally related to his May 5, 2008 admittedly compensable injury by accident, plaintiff's pre-existing, non-disabling degenerative left knee arthritis was materially aggravated for the worse to the extent that a knee replacement procedure is required.

Section 97-2(6) treats an accident at work that aggravates pre-existing conditions as an injury by accident arising out of and in the course of employment.

Mandujano v. Home Team Pest Defense · filed 2011-12-06(6)

On May 26, 2009, plaintiff sustained an injury by accident to his cervical spine and aggravations of his pre-existing left hip and lumbar spine conditions arising out of and in the course of his employment with defendant-employer.

Section 97-2(6) makes an accidental work injury compensable when it aggravates a preexisting, nondisabling condition and causes disability, with compensation for the entire resulting disability.

Williams v. Best Cartage · filed 2015-03-17(6)

We have consistently held that [a] work-related injury need not be the sole causative force to render an injury compensable. When a pre-existing, non- disabling, non-job-related condition is aggravated or accelerated by an accidental injury arising out of and in the course of employment so that disability results, then the employer must compensate the employee for the entire resulting disability.

Section 97-2(6) covers a specific work incident that materially aggravates a pre-existing back condition, even when the prior condition was work-related.

Harris v. Southern Commercial Glass · filed 2016-08-16(6)

Moore, however, addressed the material aggravation of a prior work-related condition. Moore does not address the distinction posited by defendants, and did not state that its holding applied only to, or was based on the assumption of, a pre-existing non-work-related condition. Defendants’ argument on this issue is without merit.

An injury by accident that materially aggravates a pre-existing condition can be separately compensable from the earlier injury when it arises from a distinct accident.

Collins v. Wieland Copper Prods. · filed 2024-12-03(6)

Thus, the Commission’s Findings support its Conclusion Plaintiff’s 2020 Injury was the result of an injury by accident separately compensable from his 2009 Injury.

A preexisting medical condition does not bar a workers’ compensation claim when evidence supports that a work accident caused a new injury that aggravated or accelerated the condition.

Sprouse v. Turner Trucking Company · filed 2023-06-16(6)

A claimant’s pre-existing medical condition cannot properly be deemed to constitute a complete bar to a successful workers’ compensation claim when a plaintiff provides evidence to support the Commission’s conclusion that a work-related accident has caused a new injury that aggravated or accelerated the individual’s pre-existing condition.

Section 97-2(6) covers a temporary aggravation of a pre-existing condition caused by an injury by accident; later disability or treatment must remain causally related to that injury.

Chavez v. Carpet · filed 2003-03-03(6)

1. As a result of the August 16, 1999 injury by accident, plaintiff sustained a temporary aggravation of her pre-existing degenerative back condition, which resolved by February 29, 2000. N.C.G.S. § 97-2(6). 2. Plaintiff has failed to prove by the greater weight of the evidence that her condition including any disability or medical treatment after February 29, 2000 is related to the August 16, 1999 injury by accident. N.C.G.S. § 97-2(6).

Section 97-2 treats a work accident as compensable when it materially aggravates or accelerates a pre-existing condition and proximately contributes to disability.

Brown v. Family Dollar Distribution Center · filed 1998-04-30

Our courts have held that when an accident arising out of employment materially accelerates or aggravates a pre-existing condition and proximately contributes to disability, the injury is compensable. N.C. Gen. Stat. § 97-2 (1991).

Section 97-2(6) requires a claimant seeking compensation for an aggravated condition to prove by the greater weight of the evidence that the condition was a natural consequence of the original injury.

Bailey v. Sears Roebuck & Co. · filed 1998-12-15(6)

To recover compensation for changed conditions caused by aggravation of an injury, plaintiff must prove by the greater weight of the evidence that her change in condition was a natural consequence of the 1993 injury. N.C. Gen. Stat. § 97-2(6) (1997) and N.C. Gen. Stat. § 97-47.

Section 97-2 covers an injury when a workplace accident materially aggravates or accelerates a previously asymptomatic condition and contributes to disability.

Brown v. Family Dollar Distribution Center · filed 1996-12-02(6)

On January 18, 1994 plaintiff sustained an accident arising out of and in the course of his employment when some shelving materials fell off a roller overhead and struck him on the shoulder. This accident resulted in injury to plaintiff. Plaintiff has proven by the greater weight of the evidence that the accident materially aggravated or accelerated his previously asymptomatic, undiagnosed Kienbock's disease, and proximately contributed to the onset of his disability.

Section 97-2(6) requires a causal connection between a work injury and the disability or medical treatment for which compensation is sought.

Byrd v. H.B.E. Corporation · filed 1995-02-03(6)

In as much as plaintiff did not sustain either any temporary total disability or any permanent partial disability as a result of her injury by accident on April 5, 1992, and since any medical treatment received after May 11, 1992 was not proximately caused or necessitated by plaintiff's specific traumatic incident April 5, 1992, plaintiff is not entitled to compensation under the North Carolina Workers' Compensation Act.

Section 97-2(6) requires a causal connection between the claimed injury and an accident occurring in the course of employment.

Buck v. Procter & Gamble Manufacturing Co. · filed 1981-05-19(6)

The term “arising out of” requires an employee to demonstrate a causal connection between the injury complained of and an accident which occurred in the course of employment.

Section 97-2(6) requires an employment-related accident to proximately cause the injury; complex questions of medical causation require expert evidence.

Click v. Pilot Freight Carriers, Inc. · filed 1980-05-06(6)

For an injury to be compensable under the terms of the Workmen’s Compensation Act, it must be proximately caused by an accident arising out of and suffered in the course of employment. G.S. 97-2(6). ... Medical testimony was therefore needed to provide a proper foundation for the Commission’s finding on the question of the injury’s origin.

A death occurring in the course of employment is presumed compensable only when there is no evidence that the employee died from a noncompensable cause.

Gilbert v. Entenmann's, Inc. · filed 1994-02-15(6), (10)

This presumption of compensability is applicable, however, only where there is no evidence that decedent died other than by a compensable cause.

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

Dagna v. Carolina Motor Club, Inc. · filed 1995-06-05(6)

The plaintiff failed to present credible evidence of an injury by accident arising out of and in the course of his employment and therefore failed to meet his burden of proof. N.C. Gen. Stat. § 97-2 (6).

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

Agee v. Thomasville Furniture Products · filed 1995-06-06(6)

Furthermore, the Commission’s finding that the machine did not stick on 3 September 1991 amounts to a finding that plaintiff did not meet his burden of proving that his elbow injury resulted from an accident arising out of and in the course of plaintiff’s employment and fully justifies the Commission’s conclusion that plaintiff was not entitled to compensation for the elbow injury.

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

Cook v. Eastern Carolina Builders · filed 1995-09-06(6)

On May 4, 1993, 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).

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

Moore v. Dys Dobbs School · filed 1995-09-08(6)

To be compensable under the terms of the Workmen's Compensation Act, an injury must be proximately caused by an accident arising out of and suffered in the course of employment. N.C.G.S. § 97-2 (6).

Section 97-2(6) requires a causal connection between an injury and employment; an assault motivated by a personal relationship does not arise out of employment when the job did not create the risk.

Ross v. Mark's Inc. · filed 1995-11-07(6)

The risk of assault and murder by a jealous ex-husband is not one which a rational mind would anticipate as an incident of the employment of an assistant manager of a fast food restaurant. The motivation behind the robbery and assault was unrelated to the employment of the deceased and likely to present itself at any time and in any place. Therefore, the resultant injury was not directly traceable to and connected with the employment. For these reasons, we conclude that the deceased employee did not sustain injury and death by accident arising out of the course of her employment.

Section 97-2(6) requires proof that the claimed condition or disability resulted from an injury by accident arising out of and in the course of employment.

Stubbs v. Franchise Enterprises, Inc. · filed 1995-11-29(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).

Section 97-2(6) requires the claimed condition to be causally related to a workplace incident to qualify as an injury by accident arising out of employment.

Edwards v. Knitwear · filed 1995-11-29(6)

While there was an incident at work in which plaintiff was struck by a cart on 9 December 1993, the condition of which plaintiff complains did not flow from this incident nor is the condition of which she complains causally related to this incident. Thus, 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).

Section 97-2(6) covers a neck injury caused by a workplace fall as a compensable injury by accident.

Raborn v. Amp, Inc. · filed 1996-01-11(6)

Since plaintiff's neck injury resulted from the November 18, 1992 fall, she is entitled to compensation under the Workers' Compensation Act for this injury.

Section 97-2(6) treats a disabling injury caused by unusual working conditions that interrupt the employee’s normal work routine as an injury by accident.

Kelly v. Pate-Dawson Company · filed 1996-02-07(6)

The stressful working conditions which existed on plaintiff's job on July 16, 1993, were significantly different from the normal way he performed his job duties. The combination of extra exertion, twisting movements, rapid pace of work, difficulty maneuvering and repeated phone calls constituted an interruption of plaintiff's normal work routine and an introduction of unusual circumstances likely to result in unexpected consequences. ... On July 16, 1993 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant resulting in a disabling injury to his right knee.

Section 97-2(6) requires evidence connecting an asserted injury by accident to the later disability for which compensation is sought.

Shields v. Dixie yarns/victory and Pinkney Plant · filed 1996-04-25(6)

The evidence fails to establish that the employment placed the plaintiff's decedent at a greater risk than the public generally of contracting the alleged occupational disease, or that an injury by accident in April, 1991, which the plaintiff's decedent had described, was related to any subsequent periods of disability.

Section 97-2(6) requires the claimant to prove by the greater weight of the evidence that a work-related incident caused the claimed injury.

Miller v. Jockey International Distribution Center · filed 1996-06-06(6)

Plaintiff has failed to prove by the greater weight of the evidence that a January 24, 1994 work-related lifting incident caused the back injuries treated by Dr. Spargo, Dr. Furr and Dr. Brown. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires a claimant seeking compensation for a later back condition and disability to prove that the work accident caused them.

Bullock v. Lindsay Harris Chip Company, Inc. · filed 1996-06-24(6)

The plaintiff has failed to meet his burden of proving that the accident of 24 April 1990 caused the lumbar back condition and disability for which he now seeks compensation. N.C. Gen. Stat. § 97-2 (6). The plaintiff bears the burden of proving by expert medical testimony that his lumbar back condition was caused by or the direct and natural consequence of the April 1990 injury.

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

Tillery v. Pizzagalli Construction Company · filed 1996-08-08(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).

Section 97-2(6) requires proof that an asserted injury by accident resulted from an interruption of the normal work routine by unusual conditions likely to cause unexpected consequences.

Espinoza v. Showell Farms, Inc. · filed 1996-08-22(6)

On or about May 10, 1993, plaintiff did not sustain an injury as the result of an interruption of his normal work routine by the introduction of unusual conditions likely to result in unexpected consequences; therefore, any injury sustained by plaintiff on or about May 10, 1993 did not arise out of or in the course of plaintiff's employment with defendant-employer.

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

Billings v. North Carolina Baptist Hospital · filed 1996-09-16(6)

On or about 20 December 1994, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer in that she sustained a thoracic strain to her back as a result of an accident of the work assigned.