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.
Causation and proof of work injury
Section 97-2(6) requires proof that claimed symptoms resulted from an injury by accident arising out of and in the course of employment.
Memmelaar v. Moen Incorporated · filed 1996-12-30(6)
Plaintiff has failed to prove that the subjective symptoms of which she complains and for which she sought medical treatment beginning in September 1993 resulted from either an injury by accident arising out of and in the course of her employment with defendant or that such employment significantly contributed to the development of said complaints, which are not even clearly definable as a condition or syndrome.Read the full opinion on CourtListener →
Section 97-2(6) recognizes a workplace slip and fall as an injury by accident, though it produces no compensable consequences without a causal link to the claimed condition.
Gooch v. Guardian Care (Hill Haven) · filed 1997-01-13(6)
Although plaintiff sustained an injury by accident or a specific traumatic incident arising out of and in the course of his employment when he slipped on 26 February 1992 on a slick section of the floor that he was stripping of wax and landed on his left hip, there are no compensable consequences related to this accident.Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between a work injury by accident and later symptoms, surgery, or impairment for those later conditions to be compensable.
Wilson v. Davidson County · filed 1997-01-14(6)
However, the 12 July 1991 injury by accident did not result in the plaintiff's March 1993 complaints of low back pain and left radicular pain, or the eventually diagnosed herniated disc, resulting in the 24 May 1993 surgery, and the impairment rating of 15% of the back.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimed later condition to result from the compensable workplace injury for it to qualify as an injury by accident.
Crowe v. United Parcel Service · filed 1997-07-31(6)
Plaintiff's complaints of carpal tunnel syndrome and ulnar nerve entrapment did not result from plaintiff's compensable injury by accident to her elbow on 19 April 1994 arising out of and in the course of plaintiff's employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between a work-related injury and the condition for which compensation is sought.
Spaulding v. Cape Fear Memorial Hospital · filed 1998-03-23(6)
Plaintiff's right knee problems do not result from plaintiff's work-related injury on September 24, 1995, and plaintiff is not entitled to compensation with regard to this problem. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) does not cover psychological problems resulting from a back injury that was not causally related to a compensable work incident.
Hensley v. Sara Lee Knit Products · filed 1998-06-05(6)
Plaintiff's psychological problems which are the direct result of his back injury are not compensable as the back injury is not causally related to the compensable incident of 4 March 1995.Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between a compensable work injury or its treatment and a claimed later condition.
Ross v. Cape Fear Valley Medical Center · filed 1998-05-20(6)
Plaintiff's neck problems were not caused by or aggravated by his injury on 23 September 1994 or by the physical therapy in March 1995. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires the claimant to prove by the greater weight of the evidence that he sustained a work-related injury.
Turner v. Fluor Daniel, Inc. · filed 1998-08-21(6)
Plaintiff has failed to show by the greater weight of the evidence that he sustained a work-related injury on 19 October 1996 while employed with the defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A later injury that is the direct and natural result of an original compensable injury by accident is compensable under § 97-2(6).
Wood v. College Pines Nursing Center · filed 1998-07-29(6)
1. Plaintiff's acute onset of back pain which occurred on May 4, 1996, and the disc herniation at L5-6, which was subsequently discovered, are causally related to her original compensable injury by accident of May 3, 1994 and therefore are compensable. The significant disc herniation which occurred on or about May 4, 1996 is the direct and natural result of plaintiff's May 3, 1994 accident which initially caused the injury at L5-6.Read the full opinion on CourtListener →
A later medical condition is compensable under § 97-2(6) only if it is a direct and natural result of the compensable primary injury.
Surrett v. Center · filed 1998-09-21(6)
In order for plaintiff's current medical condition to render her eligible to receive compensation under the Act, she must present evidence which shows that the subsequent condition or injury is a direct and natural result of the compensable primary injury. Starr v. Charlotte Paper Co. , 8 N.C. App. 604 , 175 S.E.2d 342 (1970). 3. Plaintiff has failed to demonstrate that her current condition and inability to work are the direct and natural results of her compensable injury of 30 September 1995, and therefore, is not entitled to medical treatment or compensation under the Act. Id. ; N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between a claimed condition and an accident arising out of and in the course of employment; an unrelated idiopathic condition is not compensable.
Gainey v. Marapese Masonry, Inc. · filed 1998-10-09(6)
Plaintiff failed to carry the burden of proof to establish by the greater weight of the competent medical evidence that his current condition, including Buergers' disease, was caused by his compensable injury of 11 March 1994. The greater weight of the competent medical evidence proves that plaintiff's injuries to the top of his foot as of December 1995 and continuing are caused by his idiopathic condition of Buergers' disease.Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between a compensable injury by accident and the condition for which compensation is sought.
Reinninger v. Prestige Fabricators, Inc. · filed 1998-11-30(6)
In October, 1995 and May, 1996 and continuing, plaintiff's complaints of lower back pain did not result from plaintiff's compensable back injury by accident on 24 March 1994 and 16 January 1995 to his shoulder, neck and upper back. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between an injury by accident and a claimed medical condition for that condition to be compensable.
Fann v. Hunter Residential Specialists, Inc. · filed 1999-02-01(6)
Further, plaintiff's vasculitis and symptoms associated with it are not related to, nor exacerbated by, the injury by accident of 26 January 1995. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers back and hip problems causally related to an earlier compensable injury.
Brown v. Wal-Mart Stores, Inc. · filed 1999-03-03(6)
Plaintiff's back and hip problems are causally related to her compensable injury on 8 July 1994. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A claimant must prove that a claimed condition was caused by the compensable accident to recover for that condition under § 97-2(6).
Walker v. Virginia Fork Produce, Inc. · filed 1999-03-23(6)
Since there was no evidence as to the causation of plaintiff's back condition, plaintiff has failed to carry his burden of proof with respect to his back condition. The employee bears the burden of proving each and every element of compensability.Read the full opinion on CourtListener →
Fibromyalgia caused or significantly aggravated by work-related depression is causally related to employment under § 97-2(6).
Woody v. Thomasville Upholstery, Inc. · filed 2000-01-13(6)
Plaintiff's employment with defendant caused her depression and exposed her to an increased risk of developing this condition as compared to members of the general public not so employed. N.C. Gen. Stat. § 97-53 (13). Because plaintiff's fibromyalgia was caused or significantly aggravated by her depression, it was also caused by her employment with defendant. Id. ; N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2 does not support continuing compensation when a work injury did not cause, aggravate, or exacerbate the claimant’s current condition.
Drakeford v. Express · filed 2001-10-09
Plaintiff's fall in May 1995 was not a significant contributing factor to his current condition, nor did the fall aggravate or exacerbate plaintiff's condition; therefore, plaintiff is not entitled to continuing compensation under the Act. N.C. Gen. Stat. § 97-2 .Read the full opinion on CourtListener →
Section 97-2 requires a claimed condition to be causally related to employment or a compensable injury to qualify as a compensable injury.
Cartwright v. Mt. Olive Pickle Co. · filed 2001-11-27
The evidence fails to establish that plaintiff's alleged neck condition or alleged rheumatoid arthritis is causally related to her employment or her compensable upper extremity condition. N.C. Gen. Stat. § 97-2 ; Carter v. Northern Telecom , 123 N.C. App. 547 (1996).Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between an injury by accident and the condition for which compensation is sought.
Sharpless v. Teeter · filed 2001-12-20(6)
Plaintiff's current leg symptoms and condition are not causally related to his 21 April 1998 injury by accident. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between a work accident and the claimed injury, including any claimed aggravation of a preexisting condition.
Bowers v. Motor Age, Inc. · filed 2002-03-27(6)
Plaintiff did not sustain any injury to his back, spine, left hip, or left leg as a proximate result of the incident on September 11, 1999. The back conditions for which plaintiff has received treatment from Drs. Wilson, Dilworth, Krege, Deaton, Hirsch, Suh, and Hooper, including a large disc herniation at L5-S1 and recurrent low back and left leg pain, were not caused or materially aggravated by the incident on September 11, 1999. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2 requires proof that the claimed injury arose out of and in the course of employment and was caused by the work accident.
Watson v. Paul Berry Chevrolet, Inc. · filed 2002-10-28(6)
Plaintiff has failed to satisfy his burden of proving that he sustained an injury resulting from his accident of 17 January 2000 which arose out of and in the course of his employment.Read the full opinion on CourtListener →
Section 97-2(6) does not make a condition following treatment of a compensable injury compensable when the condition did not result from that treatment.
Lewis v. Beachview Exxon Svc. · filed 2004-01-30(6)
Consequently, based on the greater weight of the competent medical evidence, plaintiff's pulmonary condition is not a result of plaintiff's hernia surgery and therefore is not compensable. N.C. Gen. Stat. § 97-2 (6); Sims v. Charmes/Arby's Roast Beef, 142 N.C. App. 154 (2001 ).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant seeking benefits for continuing symptoms to prove that those symptoms resulted from the work accident.
Richmond v. a E Transport · filed 2004-03-15(6)
Plaintiff has failed to show by the greater weight of the evidence the extent of any disability beyond the medical treatment provided or that any symptoms and pain she now experiences are due to her accident of September 25, 2000.Read the full opinion on CourtListener →
Section 97-2(6) requires proof by the greater weight of the evidence that later symptoms arose from a compensable injury.
Morrison v. New Hanover Cty. Schools · filed 2004-02-18(6)
Plaintiff failed to prove by the greater weight of the evidence that the symptoms reported on August 1, 2002 arose out of the compensable injury. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires proof that an additional condition is causally related to the compensable work injury before that condition is compensable.
Rooker v. Food Lion · filed 2004-06-17(6)
Plaintiff has failed to prove that his shingles condition was casually related to his back strain injury of February 5, 2000. The competent medical and other competent evidence of record establishes that Plaintiff's shingles was not related to or caused by Plaintiff's back strain injury. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2 requires a claimant to prove by the greater weight of the evidence that an additional condition resulted from a compensable injury.
Lamoureux v. Caldwell Solutions Svcs. · filed 2004-09-28
Plaintiff has not met his burden of proving by the greater weight of the evidence that his low back problem and depression resulted from the compensable injury he sustained on 22 May 2001. N.C. Gen. Stat. § 97-2 .Read the full opinion on CourtListener →
Section 97-2(6) requires a medical condition to be the direct and natural result of, or causally related to, an injury by accident for it to be compensable.
Parada v. Custom Maintenance, Inc. · filed 2005-10-04(6)
Plaintiff's ankylosing spondylitis condition is not the direct and natural result of, or causally related to his February 27, 2000 injury by accident. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove that a claimed condition is causally related to the work accident to recover for that condition.
Turner v. W.T. Humphrey, Inc. · filed 2005-10-11(6)
Plaintiff has failed to demonstrate by a preponderance of the evidence that his right knee condition is related to the injuries he sustained in his work-related accident on February 15, 2000. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A temporal relationship between a compensable accident and a later condition, standing alone, is insufficient expert medical evidence of causation under § 97-2(6).
Grantham v. Transportation Technologies, Inc. · filed 2006-02-09(6)
Post hoc ergo propter hoc, or "after this therefore because of this", is not competent evidence of causation. Young v. Hickory Business Furniture, 353 N.C. 227 , 538 S.E.2d 912 (2000). The opinion of Gregory Duncan, Ph.D., is based solely on the temporal relationship between plaintiff's compensable injury by accident of July 18, 1997 and the subsequent development of depression. Therefore, it is insufficient expert medical opinion evidence to make a finding of a causal connection between plaintiff's depression and his compensable injury by accident. Hayes v. Tractor Supply Co., ___ N.C. App. ___, 612 S.E.2d. 399 (2005), N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers fibromyalgia when the evidence establishes a causal connection between that condition and a compensable workplace injury.
Jones v. Bethlehem Center · filed 2006-02-23(6)
The greater weight of the competent evidence of record establishes the existence of a causal connection between the plaintiff's compensable injury of September 18, 2001, and the fibromyalgia with which she was diagnosed by Dr. McCain on February 6, 2002. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a causal relationship between a worker’s current condition and the work accident for continued disability benefits and medical compensation.
Golds v. Ryder Integrated Logistics · filed 2006-06-20(6)
Plaintiff's current conditions are not causally related to his work accident of December 23, 1998. As such, defendants are entitled to terminate payment of plaintiff's disability benefits and medical compensation. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires proof that a work accident caused or aggravated the claimed condition for it to qualify as a compensable injury.
Powers v. Craven Regional Medical Center · filed 2006-12-15(6)
Further, plaintiff has not shown that the fall accelerated or aggravated her pre-existing back/leg condition. Consequently, plaintiff did not sustain an injury by accident arising out of and in the course of the employment on 29 July 2003 and as such, is not entitled to compensation under the Workers' Compensation Act. 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 significant or material aggravation of a pre-existing injury to establish a compensable injury.
Smith v. Northeast Medical Center · filed 2007-01-08(6)
The Full Commission's careful review of the expert medical testimony reveals that there is insufficient evidence to show that the Plaintiff experienced an injury by accident on June 6, 2003 or that on said date he significantly or materially aggravated a pre-existing injury. The medical evidence reveals that the Plaintiff's ongoing back problems and corresponding medical treatment are not the result of the work related accident, but instead are the result of a prior back injury and/or chronic back pain. Therefore, the Plaintiff has failed to prove that he sustained a compensable injury on June 6, 2003. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment for the injury to be compensable.
Hendrickson v. Southco Distributing Co. · filed 2007-01-09(6)
For an injury to be compensable, it must be an injury by accident arising out of and in the course of the employment.Read the full opinion on CourtListener →
An injury is compensable under § 97-2(6) when it results from an accident or specific traumatic incident arising out of and in the course of employment; a specific traumatic incident must occur at a cognizable time.
Elixson v. Advanced Residuals Management · filed 2007-02-02(6)
In order for an injury to be compensable under the Workers' Compensation Act, it must be the result of an accident or specific traumatic incident arising out of and in the course of employment. N.C. Gen. Stat. § 97-2 (6). A specific traumatic incident must have occurred "at a cognizable time".Read the full opinion on CourtListener →
Section 97-2(6) requires a compensable injury to be by accident, arise out of employment, and occur in the course of employment; the claimant must prove the work incident caused or materially aggravated the claimed condition.
Upchurch v. Goodyear Tire and Rubber Co. · filed 2007-02-02(6)
An injury is compensable under the Workers' Compensation Act only if the "injury" is (1) by accident, (2) "arising out of" the employment, and (3) "in the course of" the employment. Plaintiff failed to prove that he sustained an injury by accident or specific traumatic incident arising out of and in the course and scope of his employment with defendant-employer on June 13, 2003.Read the full opinion on CourtListener →
Section 97-2(6) requires evidence of an injury by accident or a specific traumatic incident to establish a compensable injury.
Johnson v. Urban Development · filed 2007-02-02(6)
The greater weight of the competent evidence establishes that plaintiff did not experience a compensable injury by accident or a specific traumatic incident as a result of an incident in July, 2003 or in October, 2003. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove a compensable injury by accident or specific traumatic incident.
Cromartie v. Choptank Transport · filed 2007-02-02(6)
The plaintiff has failed to meet his burden of proving he suffered a compensable injury by accident or specific traumatic incident on June 13, 2003. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a worker to show that an alleged injury is causally related to the workplace events claimed to have caused it.
Hardin v. Adecco · filed 2007-01-05(6)
The Plaintiff has failed to show that his alleged thumb injury is causally related to the events on either August 24 or 27, 2005. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
An employee must prove a causal link between a work accident and the claimed injury to establish a compensable injury; speculative medical opinions do not establish that link.
McGregor v. D.M. Bowman, Inc. · filed 2007-02-02(6)
To establish causation, the evidence must rise above the level of mere speculation and conjecture. Holley , 357 N.C. at 232 , 581 S.E. 2d at 752 . In this case, the medical opinions of Dr. Winke are inconsistent and based on mere speculation. Accordingly, plaintiff has not established a causal link between her work accidents and her cervical disc herniation and right shoulder condition. 2.Plaintiff is not entitled to workers' compensation benefits under the Act. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a causal relationship between the claimed condition and the compensable injury by accident.
Burton v. Bn Health care/south Village · filed 2007-02-02(6)
Plaintiff's lumbar back condition for which she was treated beginning on June 6, 2004, was not causally related to the compensable injury by accident occurring on August 2, 2003. N.C. Gen. Stat. § 97-2 (6); Click v. Pilot Freight Carriers, Inc. , 300 N.C. 164 , 265 S.E.2d 389 (1980).Read the full opinion on CourtListener →
Under § 97-2(6), a worker must prove by a preponderance of the evidence that current health problems are related to the compensable accident for those problems to be compensable.
Hefner v. Western Southern Life Insurnce · filed 2007-02-05(6)
Plaintiff failed to produce sufficient credible evidence to prove a relationship between his current health problems, including gout, and the 1989 compensable accident by a preponderance of the evidence. Plaintiff's current health problems are not compensable. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between an injury by accident and the symptoms for which compensation is sought.
Morris v. Consolidated Diesel · filed 2007-05-09(6)
Based upon the totality of the credible lay and medical evidence of record, the Full Commission concludes that plaintiff's neck symptoms subsequent to February 11, 2003, are not the direct and natural result of, or causally related to, his December 22, 1997, injury by accident. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires proof that a claimed condition was caused or materially aggravated by a compensable work injury.
Ramsey v. John walrath/crk Builders · filed 2007-09-19(6)
Plaintiff has failed to prove that his depression was caused or materially aggravated by his compensable work injury of October 21, 2004.Read the full opinion on CourtListener →
Section 97-2(6) requires proof that an alleged condition was more likely than not caused by the workplace accident to establish a compensable injury.
Dickerson v. Kee Builders, Inc. · filed 2008-01-04(6)
Plaintiff has not carried his burden to show that he sustained a compensable back injury and/or left hand condition as a result of the January 20, 2006 fall. Specifically, the testimony of Dr. Larabee does not establish that plaintiff's back and/or left hand symptoms are more likely than not related to said fall. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimed later condition to be a direct and natural result of, or causally related to, the compensable injury by accident.
Dorsey v. the Pantry · filed 2008-01-10(6)
Based upon the credible lay and medical evidence of record, plaintiff's right leg conditions are not the direct and natural result of or causally related to his March 10, 2001 injury by accident. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury causally resulting from a workplace accident as a compensable injury by accident.
Spinks v. Technimark · filed 2009-06-09(6)
Plaintiff sustained a compensable injury by accident arising out of and in the course and scope of her employment with Defendant-Employer on February 3, 2007 to her left leg and lower back. N.C. Gen. Stat. § 97-2 (6) (2008).Read the full opinion on CourtListener →
Section 97-2(6) does not make a subsequent condition compensable without proof that it was caused by the work injury or was its direct and natural result.
Oakley v. Stromberg Metal Works · filed 2009-08-14(6)
Plaintiff is not entitled to receive any medical or indemnity compensation for his cervical condition as he did not meet his burden of proving that his current cervical condition is compensable under the N.C. Workers' Compensation Act. Id. ; N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove a compensable work-related injury by accident or specific traumatic incident, or an aggravation of a preexisting condition, by the greater weight of the evidence.
Garner v. Capital Area Transit · filed 2009-10-23(6)
Plaintiff has failed to meet her burden of proving by the greater weight of the evidence that she sustained a compensable injury by accident or specific traumatic incident arising out of and in the course of his employment with defendant-employer on March 9, 2007 or that she suffered an aggravation of a preexisting condition.Read the full opinion on CourtListener →
Section 97-2(6) does not treat a condition as a compensable injury when work neither caused nor materially aggravated it.
Stewart v. Moses H. Cone Memorial Hospital Corp. · filed 2009-10-28(6)
Defendants have proven by the greater weight of the evidence that plaintiff did not sustain a compensable injury to her low back or lumbar spine on October 19, 2007, and plaintiff's low back and lumbar spine complaints and conditions, including her lumbar spinal stenosis, were not caused or materially aggravated by her work activities or by her cervical spine injury on October 19, 2007.Read the full opinion on CourtListener →
Section 97-2(6) requires proof beyond a merely possible causal connection between a work accident and the claimed injury to establish compensability.
Bledsoe v. Townsend Restaurant Group · filed 2010-06-15(6)
Testimony indicating that plaintiff's accident was a "possible" cause of her left knee condition is insufficient to meet plaintiff's burden of proving causation to establish compensability. Thus, plaintiff is not entitled to any benefits under the Act for her left knee condition. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires proof that a specific traumatic incident caused or materially aggravated a claimed back condition for it to qualify as a compensable injury.
Carney v. Greenville Tv Appliance, Inc. · filed 2010-07-09(6)
As such, Plaintiff has not shown that he sustained a compensable injury to his back in the specific traumatic incident of May 23, 2008. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
An employee must prove that a workplace accident caused or aggravated the claimed injury to recover compensation under § 97-2(6).
Smith v. Wake County Government · filed 2011-08-04(6)
Therefore, plaintiff has failed to prove by the greater weight of the competent evidence that the incident on July 9, 2009, caused or aggravated his cervical or left-sided shoulder symptoms and conditions. Accordingly, plaintiff's claim must be denied. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A later condition is not compensable under § 97-2(6) when the claimant fails to prove a causal connection to the compensable injury by accident.
Homminga v. McDonald's Corporation · filed 2011-11-01(6)
Plaintiff has raised as an issue before the Commission that she allegedly sustained an injury to her right shoulder and arm on or about July 25, 2007, and the Commission therefore finds that the medical evidence in this case does not establish a causal connection between Plaintiff's right hand carpal tunnel syndrome and the compensable injury occurring on July 25, 2007. Therefore, Plaintiff has failed to prove by the greater weight of the competent evidence that her right hand carpal tunnel syndrome is a compensable occupational disease. Accordingly, Plaintiff's claim must be denied. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) permits an expert’s causation opinion to establish a compensable injury when the opinion rests on more than the sequence of events and expresses more than mere possibility.
Pine v. Wal-Mart Assocs., Inc. · filed 2017-09-05(6)
Because a full review of Dr. Koman’s testimony demonstrates that his opinion was based on more than merely post hoc, ergo propter hoc, and went beyond a “could” or “might” testimony, we hold the Commission properly determined it to be competent evidence.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove by a preponderance of the evidence that the injury was causally related to the work incident.
Sprouse v. Mary B. Turner Trucking Co. LLC · filed 2022-01-18(6)
Plaintiff bears the burden of proving a causal relationship between the injury and work-related incident for compensability by a preponderance of the evidence under the worker’s compensation statute.Read the full opinion on CourtListener →
Section 97-2(6) requires a causal link between the workplace injury and the claimed medical condition.
Boisseau v. Robert Bosch Power Tool Corp. · filed 1995-01-04(6)
While plaintiff's injury at work on March 4, 1992 may have "precipitated" or "triggered" the plaintiff's pre-existing psychological problems, the injury plaintiff sustained on March 4, 1992 did not cause plaintiff's present medical condition.Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between the work incident and the claimed injury.
Reinnenger v. Prestige Fabricators, Inc. · filed 2002-07-12(6)
Plaintiff's complaints of neck or low back pain on or after May 15, 1996 did not result from an incident at work on October 9, 1995. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) places on the claimant the burden to prove that an injury arose out of and in the course of employment.
Charles v. Ihop · filed 2003-04-28(6)
Plaintiff has the burden of proving he sustained a compensable injury to his back arising out of and in the course and scope of his employment. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) requires proof of a causal link between employment and a claimed injury by accident.
Byerly v. Ppg Industries · filed 2003-08-27(6)
Plaintiff did not suffer an injury by accident or an occupational disease to his left foot, in that plaintiff failed to prove by the greater weight of evidence a causal link between his employment and his left foot injury.Read the full opinion on CourtListener →
Section 97-2(6) requires competent evidence that an accident arising out of and in the course of employment proximately caused the injury.
Towns v. EPES TRANSP. · filed 2004-04-06(6)
For an injury to be compensable under the Workers' Compensation Act, it must be proximately caused by an "accident arising out of and in the course of the employment." N.C.G.S. § 97-2(6) (2003). ... Accordingly, there was sufficient expert medical testimony on the issue of causation justifying the Commission's findings and its ultimate conclusion of a work-related accident.Read the full opinion on CourtListener →
Other injuries by accident
Section 97-2(6) covers a fractured humerus caused by an accidental fall arising out of and in the course of employment.
McCorkle v. Philip Morris Companies · filed 1995-02-17(6)
As the result of the injury by accident arising out of and in the course of her employment with defendant-employer which occurred on or about 22 February 1993, plaintiff sustained a fractured left humerus. N.C.G.S. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove an injury by accident arising out of and in the course of employment.
Williams v. Rose's Stores, Incorporated · filed 1995-03-06(6)
Plaintiff has the burden of establishing the he suffered an injury by accident arising out of and in the course of his employment. ... Inasmuch as the testimony and stipulated medical records fail to show that he suffered any compensable disability following his February 1992 injury, his claim for workers' compensation benefits as a result of the 10 February 1992 incident is denied. N.C.G.S. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Tarver v. Boldt Spirit, Inc. · filed 1995-03-13(6)
On September 16, 1991, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment.
Pittman v. Federal Paper Board Inc. · filed 1995-04-04(6)
On March 23, 1993 plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer.Read the full opinion on CourtListener →
Section 97-2(6) treats a knee giving out while climbing stairs as an injury by accident when it interrupts the employee’s normal work routine and introduces an unusual condition likely to have unexpected consequences.
Potter v. Moore Regional Hospital, Inc. · filed 1995-04-21(6)
Plaintiff's knee giving out and popping and twisting as she walked up the stairs while performing her normal work duties constitutes an interruption of plaintiff's normal work routine which introduced an unusual condition likely to result in unexpected consequences. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment or a back injury caused by a specific traumatic incident while performing assigned work duties.
Kicinska v. Constar Plastic Corporation · filed 1995-04-25(6)
On 5 November 1992 plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant-employer, nor did she injure her back as a result of a specific traumatic incident while performing her assigned work duties. N.C.G.S. § 97-2 (6).Read the full opinion on CourtListener →
A back injury caused by a specific traumatic incident while performing assigned work duties qualifies as an injury by accident under § 97-2(6).
Cornatzer v. Lexington Furn. Ind., Inc. · filed 1995-04-26(6)
On 5 June 1992 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer, in that he injured his back as a result of a specific traumatic incident while performing his assigned work duties.Read the full opinion on CourtListener →
Section 97-2(6) covers an eye injury caused by an accident arising out of and in the course of employment.
Brown v. S and N Communications, Inc. · filed 1995-07-13(6)
On 15 May 1991, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant employer, resulting in an injury to his right eye.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Wright v. Goodwill Industries · filed 1995-08-17(6)
On April 22, 1992, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer.Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident to involve an interruption of the usual work routine and unusual conditions; pain arising while performing ordinary duties in the usual way is insufficient.
Partin v. Nc Dept. of Human Resources · filed 1995-09-08(6)
1. In order for an injury to be compensable under the Workers' Compensation Act it must be the result of an "accident." N.C.G.S. § 97-2 (6). 2. "Accident" must involve more than merely carrying on the usual and customary duties in the usual way but rather involves the interruption of the work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences.Harding v. Thomas and Howard Co., 256 N.C. 427 (1963).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury suffered while moving a crate out of the way to perform assigned work as an injury by accident or specific traumatic event.
Bell v. Coats American, Incorporated · filed 1995-09-18(6)
Plaintiff sustained an injury by accident or specific traumatic event arising out of and in the course of her employment with defendant-employer when she moved a crate of bobbins weighing approximately 70 pounds out of her way in order to creel a machine. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Jarrett v. Sara Lee Corporation · filed 1995-11-27(6)
On 12 December 1989 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury sustained when an employee grabs a slipping bag in the course of her work.
Joyner v. Inco, Inc. · filed 1996-02-01(6)
On November 30, 1989, plaintiff sustained a compensable injury by accident arising out of and in the course of her employment with defendant-employer when she attempted to grab a slipping 50-pound bag of powdered sugar. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment.
Bridges v. Luther · filed 1996-02-16(6)
Plaintiff did not sustain an injury by accident arising out of and in the course of his employment of on or about March of 1992. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Anderson v. N.C.D.O.C. · filed 1996-02-29(6)
On 15 October 1990, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) does not treat an injury sustained while performing usual duties in the usual and customary manner as an injury by accident.
Fan v. Town of Chapel Hill · filed 1996-03-08(6)
If an employee is performing her usual duties in the usual and customary manner, and is injured, there is no accident; and the injury is not compensable.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Harris v. Manpower Temporary Services · filed 1996-03-11(6)
On February 5, 1994 plaintiff suffered a compensable injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Hamlin v. Basf Corporation · filed 1996-03-15(6)
On 1 January 1994 plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer.Read the full opinion on CourtListener →
An unusual occurrence that interrupts an employee's regular work routine can constitute an injury by accident arising out of and in the course of employment.
Bursey v. Kewaunee Scientific Equip. Corp. · filed 1996-03-19(6)
The fact that the press came down on plaintiff's hands on September 24, 1992 constituted an unusual occurrence which interrupted his regular work routine. He thereby sustained an injury by accident arising out of and in the course of his employment. ... On September 24, 1992 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) covers a fall that interrupts an employee's regular work routine under unusual circumstances as an injury by accident arising out of and in the course of employment.
Dishman v. Burlington Industries Inc. · filed 1994-12-02(6)
On May 18, 1993 plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2(6); Taylor v. Twin City Club,260 N.C. 435 (1963).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Brown v. Inco, Incorporated · filed 1994-12-30(6)
On May 2, 1989, plaintiff sustained an injury by accident arising out of and in the course of his employment. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident to arise out of and in the course of employment.
Wilkerson v. Pizza Inn of Henderson, Inc. · filed 1995-01-04(6)
On 9 March 1993 plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) requires a back injury to result from a specific traumatic incident of assigned work duties to qualify as an injury by accident.
Osborne v. Salem Health Services Laundry · filed 1995-01-05(6)
On 20 May 1992 plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant-employer, in that plaintiff did not injure her back as a result of a specific traumatic incident of her assigned work duties.Read the full opinion on CourtListener →
An injury by accident requires an interruption of the employee's normal work routine by unusual conditions likely to result in unexpected consequences.
Norris v. Triad Water Services Incorporated · filed 1995-01-05(6)
On or about November 9, 1990, 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 November 9, 1990 did not result from an injury by accident arising out of and in the course of plaintiff's employment with defendant.Read the full opinion on CourtListener →
An interruption of an employee's normal work routine likely to result in unexpected consequences can constitute an injury by accident.
Brown v. Farley industries/westpoint Pepperell · filed 1995-01-11(6)
This incident constituted an interruption of her normal work routine likely to result in unexpected consequences. ... On July 22, 1992 plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimed back injury to result from a specific traumatic incident arising out of and in the course of employment.
Sheets v. Pony Express Courier · filed 1995-01-27(6)
On 9 September 1991, 30 September 1991 and 30 October 1991, plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant-employer, in that plaintiff did not injure her back as a result of a specific traumatic incident while performing her assigned job duties.Read the full opinion on CourtListener →
An unusual strain during assigned work that interrupts the worker's regular routine can qualify as an injury by accident under § 97-2(6), including when it materially aggravates a pre-existing condition.
Lowe v. Be K Construction Company · filed 1995-02-02(6)
The fact that he strained to tighten a flange while working in an awkward position constituted an unusual occurrence which interrupted his regular work routine. It was also a specific traumatic incident of the work assigned. As a result of the injury by accident of 5 November 1990, both plaintiff's low back and cervical spine conditions were materially aggravated for the worse.Read the full opinion on CourtListener →
Section 97-2(6) requires proof that a later medical condition resulted from the work injury.
Ford v. City of Greensboro Police Department · filed 1995-02-02(6)
Plaintiff has failed to prove that the medical condition for which she sought treatment after 7 February 1992 resulted form the injury by accident giving rise to this claim.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of employment.
Poole v. Wallace Computer Services, Inc. · filed 1995-02-03(6)
1. On or about February 5, 1990, plaintiff sustained an injury by accident arising out of his employment with defendant-employer. N.C.G.S. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising from an unusual interruption of the employee’s regular work routine in the course of employment.
Owens v. Family Dollar Stores, Inc. · filed 1995-02-07(6)
The incident of 21 April 1992 was an interruption of plaintiff's regular work routine by unusual circumstances likely to result in unexpected consequences. ... On 21 April 1992 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C.G.S. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Logan v. Baxter International, Inc. · filed 1995-02-07(6)
1. On May 16, 1991, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C.G.S. § 97-2 (6).Read the full opinion on CourtListener →
New job duties do not become routine under § 97-2(6) until the employee gains proficiency and becomes accustomed to them.
Church v. Baxter Travenol Laboratories, Inc. · filed 1991-11-05(6)
Under this reasoning, we find that plaintiff, who had been employed by defendant for five years in an office job before her work-related injury and who testified that she was not yet proficient in defendant’s filling department, was not performing her usual work routine at the time of accidental injury on her fifth day on the production line. The Commission’s conclusion that the plaintiff suffered an injury by accident is accordingly upheld.Read the full opinion on CourtListener →
An injury sustained while performing duties outside the employee’s routine work may qualify as an accident under § 97-2(6).
Sanderson v. Northeast Construction Co. · filed 1985-10-01(6)
This evidence requires us to find that plaintiff was not engaged in his routine duties in his customary fashion. There is no evidence to support the Commission’s finding that he was, and we so hold.Read the full opinion on CourtListener →
An unexpectedly heavy crate can interrupt a worker’s usual lifting routine and make a resulting injury an injury by accident under § 97-2(6).
Gladson v. Piedmont Stores/Scotties Discount Drug Store · filed 1982-06-01(6)
The work routine, the lifting of lighter crates, was interrupted by introduction of a crate heavier than expected and heavier than usual. This created an unusual condition, an unforeseen event, likely to result in unexpected consequences. The Commission was thus warranted in concluding as a matter of law that plaintiff suffered an injury “by accident.”Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove an injury by accident arising out of and in the course of employment.
Gilbert v. B & S Contractors, Inc. · filed 1986-06-03(6)
In order for a claimant to recover Workers’ Compensation benefits, he must prove that his injury was (1) by accident; (2) arising out of his employment; and (3) in the course of the employment. G.S. 97-2(6). ... We cannot say, on the record before us, that the Commission erred as a matter of law in failing to conclude that Gilbert’s death was caused by an injury by accident arising out of and in the course of his employment.Read the full opinion on CourtListener →
New working conditions do not become part of an employee’s normal work routine until the employee has become accustomed to them; an injury during an interruption of that routine may qualify as an injury by accident.
Gunter v. Dayco Corp. · filed 1986-08-12(6)
New conditions of employment to which an employee is introduced and expected to perform regularly do not become a part of an employee’s work routine until they have in fact become routine.Read the full opinion on CourtListener →
Section 97-2(6) treats a disability certificate as a factor in determining an employee’s normal work routine, but the certificate does not settle that question.
Pittman v. Inco, Inc. · filed 1985-12-03(6)
We conclude that while the disability certificate was a factor to be considered in determining what plaintiffs “normal work routine” was, it was not dispositive.Read the full opinion on CourtListener →
An injury can qualify as an accident under § 97-2(6) when a change in the employee’s usual work routine introduces turning and twisting movements that cause injury.
Adams v. Burlington Industries, Inc. · filed 1983-03-15(6)
The work routine of plaintiff’s lifting chairs with his upper torso in a straight posture was interrupted by the introduction of the turning and twisting movements required by the hot box job. We hold that the Commission properly concluded as a matter of law that plaintiff sustained an injury by “accident.”Read the full opinion on CourtListener →
Law changed since Session Law 1983-833, effective July 20, 1983, added a specific-traumatic-incident route for disabling back injuries without a separate unusual accident.
Section 97-2(6) requires an unusual, unexpected interruption of the normal work routine for an injury to qualify as an injury by accident.
Griffitts v. Thomasville Furniture Co. · filed 1983-12-06(6)
Because the disc herniation did not result from any unusual stress, we are constrained to hold that it was not an injury by accident. Injury by accident under G.S. § 97-2(6) means an injury caused by an unusual, unexpected interruption of the normal work routine.Read the full opinion on CourtListener →
Section 97-2(6) excludes injuries sustained while performing customary duties in the usual way from the definition of accident; performing another employee’s job and lifting an unusually heavy object differs from that routine.
Gaddy v. Cranston Print Works Co. · filed 1985-03-05(6)
When one is injured while performing his customary duties in the usual way, it is not an accident under G.S. 97-2(6). ... But performing another’s regular job and lifting an unusually large and heavy object even for that job, as occurred here, is not the same thing as performing one’s own customary duties in the usual way.Read the full opinion on CourtListener →
Section 97-2(6) requires a new circumstance outside the usual work routine for an injury to qualify as an accident.
Swindell v. DAVIS BOAT WORKS INC. · filed 1985-12-17(6)
There must be some new circumstance not a part of the usual work routine in order to find that an accident has occurred.Read the full opinion on CourtListener →
Section 97-2(6) defines injury as injury by accident and excludes disease unless it results from an accident; § 97-52 does not amend that definition.
Harrell v. Harriet & Henderson Yarn · filed 1982-04-06(6)
Such a definition is in direct conflict with the clear wording of G.S. 97-2(6) which limits “injury,” for purposes of the Act generally, to “. . . injury by accident arising out of and in the course of the employment. . . .” Indeed, the statute specifies that injury “. . . shall not include a disease in any form, except where it results . . . from [an] accident.”Read the full opinion on CourtListener →
Section 97-2(6) covers a disease as an injury by accident only when a particular accident is shown and the disease naturally and unavoidably results from it.
Booker v. Duke Medical Center · filed 1977-04-05(6)
If that event can be shown and if it constituted an “accident” within the purview of the Workmen’s Compensation Act, then coverage for the resulting disease is provided by G.S. 97-2(6), but if, as here, it is not possible to show any particular event constituting an accident from which the disease “naturally and unavoidable” resulted, coverage is not provided by that section.Read the full opinion on CourtListener →
Section 97-2(6) treats an unusual, unexpected event as an accident even when the employee knew the work carried a risk of injury.
Searsey v. Perry M. Alexander Construction Co. · filed 1978-01-17(6)
Plaintiff’s knowledge of the risks of operating an air hammer over air did not make his “unusual” task usual; it did not make even a probable injury “expected.”Read the full opinion on CourtListener →
Law changed since Session Law 1983-833, effective July 20, 1983, added a specific-traumatic-incident route for disabling back injuries even when usual work was performed without an unusual accident.
Section 97-2(6) requires an injury by accident for compensation; an injury during usual duties under ordinary conditions does not qualify.
Artis v. N. C. Baptist Hospitals Inc. · filed 1979-11-20(6)
The Workmen’s Compensation Act does not provide compensation for an injury, but only for an injury suffered by accident. See G.S. 97-2(6). ... We find plaintiff’s arguments unpersuasive. The patient, although obese, did not present an exceptional condition to plaintiff — she was assisted by two of her co-workers. Turning patients was part of plaintiff’s job, and there is no evidence that the hospital room and its condition were any different than plaintiff was used to working in. Plaintiff was not called away from her job, but instead was helping one of her co-workers as would normally be expected.Read the full opinion on CourtListener →
Physical exertion may itself precipitate an injury by accident under § 97-2(6).
Hollar v. Montclair Furniture Co., Inc. · filed 1980-09-02(6)
Physical exertion may in and of itself be the precipitating cause of an injury by accident within the meaning of G.S. 97-2(6).Read the full opinion on CourtListener →
Section 97-2(6) treats a sudden jerk and near loss of a load as an accident when the event is unexpected and causes injury during employment.
Locklear v. Robeson County · filed 1981-12-01(6)
To receive workers’ compensation benefits, plaintiff must have sustained an injury by accident arising out of and in the course of employment. ... Such sudden jerking and near loss of load supports the conclusion the plaintiff’s injury resulted from an unlocked for and untoward event not expected or designed by the employee.Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment for compensation.
Bailey v. Family Dollar Stores, Incorporated · filed 1995-01-03(6)
On July 9, 1992, plaintiff did not sustain an injury by accident to his left leg as a result of an 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 by accident arising out of and in the course of employment.
Davis v. Howell Steel Services · filed 1995-05-02(6)
Plaintiff sustained an admittedly compensable injury by accident arising out of and in the course of his employment on 29 April 1988 when two steel I-beams weighing approximately seven tons fell on top of him while working for defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment and its compensable consequences.
Harper v. Wash-N-Dye Apparel · filed 1995-05-09(6)
Plaintiff suffered an injury by accident arising out of and in the course of her employment on May 9, 1990, as a result of which there are compensable consequences.Read the full opinion on CourtListener →
Section 97-2(6) treats an unlooked for or untoward event arising out of and in the course of employment as an injury by accident.
Bonham v. Conitex USA, Inc. · filed 1995-09-25(6)
The plaintiff sustained an injury by accident arising out of and in the course of his employment by the slip and fall on the ladder, which was an unlooked for or untoward event.Read the full opinion on CourtListener →
Section 97-2(6) requires an injury resulting from an accident arising out of and in the course of employment for a compensable claim.
Pace v. Crossroads Ford · filed 1995-10-02(6)
Plaintiff did not sustain any injury resulting from an accident arising out of and in the course of his employment with defendant. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
An injury by accident arising out of and in the course of employment is a compensable injury under § 97-2(6).
Bess v. Tyson Foods, Incorporated · filed 1995-10-12(6)
1. On 10 January 1992, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2 treats an injury by accident arising out of and in the course of employment as compensable.
Segers v. Donohoe Construction Company · filed 1995-11-21(6)
Plaintiff sustained compensable injury by accident arising out of and in the course and scope of his employment with defendant-employer on October 20, 1992. N.C. Gen. Stat. § 97-2 .Read the full opinion on CourtListener →
Section 97-2(6) makes an injury by accident a condition of receiving workers' compensation benefits.
Carter v. Pic `N' Pay Stores, Inc. · filed 1995-11-27(6)
Since plaintiff did not suffer an injury by accident on February 25, 1994, he is not entitled to benefits under the Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Roberts v. Wal-Mart Stores Inc. · filed 1995-11-27(6)
On 2 November 1993, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
An injury arises out of and in the course of employment when an employee must cross a public highway between an employer-owned parking lot and the workplace, creating an additional hazard of employment.
Royster v. Culp, Inc. · filed 1995-07-18(6)
As in Hardy, the fact that plaintiff had to cross the public highway on his way to the plant from a parking lot owned and maintained by his employer constituted an additional hazard of his employment. We, therefore, find that the injury he suffered from the accident on the public highway was com-pensable under the Workers’ Compensation Act.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 to be compensable.
Buchanan v. St. Joseph Home Health Agency · filed 1995-06-30(6)
For an injury to be compensable under the Workers' Compensation Act, it must be shown to have resulted from an accident arising out of and in the course of employment.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant seeking benefits to show that an injury by accident arising out of and in the course of employment caused the disability.
Terry v. Aratex Services · filed 1995-12-19(6)
It is fundamental that under the Workers' Compensation Act in order to receive any benefits, a claimant must establish that her disability was caused by an injury by accident arising out of and in the course of employment. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Cogdell v. Holt Williamson Manufacturing · filed 1996-01-02(6)
Plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant on October 2, 1989. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Warren v. Frederickson Motor Express Corp. · filed 1996-01-18(6)
On February 21, 1985, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
High v. Singer Furniture Company · filed 1996-02-15(6)
On 13 February 1989, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Sutton v. City of Durham Housing Authority · filed 1996-02-20(6)
On 30 October 1992, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment.
Weathers v. I.H. Services, Incorporated · filed 1996-02-21(6)
On October 8, 1993, plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer.Read the full opinion on CourtListener →
An injury is compensable under § 97-2(6) only if it results from an accident arising out of and in the course of employment.
Morrison v. Bi-Lo, Inc. · filed 1996-03-01(6)
For an injury to be compensable, it must be shown to have resulted from an accident arising out of and in the course of employment.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of assigned work.
Szilvay v. Carolina Meadows · filed 1996-03-11(6)
On January 18, 1994, plaintiff sustained an injury by accident arising out of and in the course of his employment with the defendant-employer in that he sustained a right knee injury as a result of an accident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Dixon v. City of Durham · filed 1996-05-29(6)
On 1 April 1993, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment for an injury to be compensable.
Oliver v. plumbee/plymouth Nursing Home · filed 1996-07-31(6)
Plaintiff's complaints of epicondylitis did not result from an injury by accident arising out of and in the course of plaintiff's employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment for a compensable claim.
Paul v. Hosiery · filed 1996-09-18(6)
In October of 1992, plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant-employer.Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment.
Westbrook v. National Welders Supply Co. · filed 1996-10-03(6)
The plaintiff did not sustain an injury by accident arising out of and in the course and scope of his employment on June 22, 1992. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an accidental injury arising out of and in the course of employment when the injury causes the employee’s death.
Newbold v. W.A.W. Investments, Inc. · filed 1996-10-21(6)
On May 12, 1994, Wayne Joseph Newbold sustained an injury by accident arising out of and in the course of his employment with defendant-employer. Wayne Joseph Newbold died as a proximate result of this accident. N.C. Gen. Stat. § 97-2 (6), 10.Read the full opinion on CourtListener →
Section 97-2(6) covers injuries from an accident arising out of and in the course of assigned work.
Rabbitt v. Cornerstone Building · filed 1996-10-22(6)
On May 20, 1994, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer in that he sustained injuries to his left wrist, ribs, and right shoulder as the result of an accident of the work assigned. N.C. Gen. Stat. § 97-2 .Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment.
Bishop v. Philips Consumer Electronics · filed 1996-11-01(6)
Plaintiff did not suffer injury by accident on August 15, 1994 arising out of and in the course of her employment with Employer. N.C. Gen. Stat. § 97-2 (6).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 shoulder injury caused when a carried box gave way.
Osborne v. Premiere Manufacturing Corp. · filed 1997-02-18(6)
On May 9, 1991, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer, when the bottom of a box of hosiery she was carrying gave way and her left arm and shoulder were jerked and pulled, resulting in an injury to her left shoulder.Read the full opinion on CourtListener →
An injury by accident arising out of and in the course of employment is a compensable injury under § 97-2(6).
Burton v. Hamilton beach/proctor-silex, Inc. · filed 1997-03-06(6)
On May 27, 1992, plaintiff suffered a compensable injury by accident arising out of and in the course of her employment with defendant Hamilton Beach/Proctor Silex. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an accidental injury occurring in the course and scope of employment as a compensable injury.
Thigpen v. D R Construction Company · filed 1997-03-13(6)
The plaintiff did suffer a compensable injury on January 14, 1994, as a result of an accident occurring while engaged in the course and scope of his employment with the defendant.Read the full opinion on CourtListener →
Section 97-2(6) covers an employee’s injury by accident arising out of and in the course and scope of employment.
Tucker v. Workable Company, Inc. · filed 1997-04-15(6)
On May 10, 1995, the employee sustained an injury by accident arising out of and in the course and scope 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 by accident arising out of and in the course of employment.
Lollis v. Wheeler Electric Co., Inc. · filed 1997-04-24(6)
On March 19, 1992, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an accidental injury that arises out of and in the course of employment.
Johnston v. Peggy's Restaurant · filed 1997-04-30(6)
On 31 January 1994, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Luper v. Melville Corp./kaybee Toys · filed 1997-05-08(6)
Plaintiff sustained an injury by accident on November 18, 1993, arising out of and in the course of his employment with defendant. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Swindell v. Gilliken · filed 1997-05-20(6)
On October 31, 1994, Plaintiff suffered a compensable injury by accident to his ribs, and possibly to his neck and back, arising out of and in the course of his employment for Defendant.Read the full opinion on CourtListener →
Section 97-2(6) treats aggravation of a pre-existing back condition caused by a specific traumatic incident in assigned work as an injury by accident.
Hill v. Foods · filed 1997-06-05(6)
On 27 October 1993, plaintiff sustained an injury by accident arising out of and in the course of her employment with the defendant-employer in that she sustained an aggravation to a pre-existing back condition as the result of a specific traumatic incident in the work assigned. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Bryant v. Taco Bell, Corporation · filed 1997-06-05(6)
On 27 August 1994, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Morris v. Breakers Sandwich Shop Billards · filed 1997-06-12(6)
On June 30, 1995, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Settle v. Omni Cable, Inc. · filed 1997-06-13(6)
On June 14, 1993, plaintiff sustained an injury by accident to his right shoulder which arose 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 a back injury by accident arising out of and in the course of employment.
Woolard v. First Carolina Management, Inc. · filed 1997-06-17(6)
On 2 December 1994, plaintiff sustained an injury by accident to his back which arose out of and in the course of his employment with defendant-employer.Read the full opinion on CourtListener →
A back injury caused by a specific traumatic incident of assigned work is a compensable injury by accident, including when the work materially aggravates a pre-existing condition.
Stanton v. Powertemp Services, Inc. · filed 1997-07-11(6)
An injury is compensable if said injury arises out of employment and materially accelerates or aggravates a pre-existing condition. ... On February 20, 1995, Plaintiff suffered a compensable injury by accident as a direct result of a specific traumatic incident of the work assigned arising out of and in the course of his employment with defendant. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
To receive benefits, a claimant must establish that an injury by accident arising out of and in the course of employment caused the claimed disability.
Sutton v. House-Autry Mills · filed 1997-07-22(6)
It is fundamental that under the Workers' Compensation Act in order to receive any benefits, a claimant must establish that her disability was caused by an injury by accident arising out of and in the course of employment.Read the full opinion on CourtListener →
Section 97-2(6) covers a work accident that aggravates an asymptomatic pre-existing degenerative disc.
Sanders v. Bahlsen, Inc. · filed 1997-07-25(6)
While performing her usual duties for defendant on 6 April 1992, plaintiff injured her back while lifting a box from a pallet. Prior to her injury, plaintiff had an asymptomatic degenerative disc at L5-S1. The incident on 6 April 1992, aggravated plaintiff's pre-existing degenerative disc and caused plaintiff to experience low back pain with occasional radiation into her legs consistent with an S1 distribution. ... On 6 April 1992, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Notes 901–1050 of 3,404, oldest cases first.
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