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.
Other injuries by accident
An incident at work that aggravates a preexisting condition can constitute an injury by accident arising out of and in the course of employment.
McIntire v. Interim Health Care · filed 1997-08-14(6)
Plaintiff's ulnar neuropathy was aggravated by the incident on 16 February 1994. ... On 16 February 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.
Aguirre v. Klaussner Furniture Industries, Inc. · filed 1997-08-18(6)
On 16 November 1993 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer, resulting in a minor injury to his chest and right forearm.Read the full opinion on CourtListener →
Section 97-2(6) requires proof that a condition for which medical care is sought was caused by an injury by accident or a specific traumatic injury to the back.
Porter v. Fieldcrest Cannon, Incorporated · filed 1997-08-20(6)
Plaintiff has failed to credibly or convincingly prove by the greater weight of the evidence that the conditions for which she has sought medical care were caused by or resulted from either an injury by accident or a specific traumatic injury to her back on September 9, 1994. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) recognizes a work-related back injury caused by a specific traumatic incident as an injury by accident.
Rackley v. Structural Coating Systems · filed 1997-08-22(6)
On or about April 8, 1993 Plaintiff suffered an injury by accident through a specific traumatic incident, 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 back strain sustained while turning a compressor at work as a compensable injury by accident.
Wray v. Copeland Corporation · filed 1997-08-25(6)
Plaintiff sustained a compensable injury by accident on 9 March 1994, when she strained muscles in her back while turning a compressor as she worked at the laser tag position at defendant-employer's assembly department.Read the full opinion on CourtListener →
An injury can arise out of and in the course of employment when an employee performs supervisor-authorized work that indirectly benefits the employer and follows the supervisor’s direction in disposing of gasoline from that work.
Mills v. Ghost Town in the Sky · filed 1997-11-07(6)
Plaintiff's activities in repairing Nash's vehicle that was leaking gasoline indirectly furthered the defendant-employer's business. Further, plaintiff had reasonable grounds to believe his actions would benefit employer, and the repairing of the vehicles of management employees was common practice. 12. On May 8, 1993, plaintiff was acting within the course and scope of his employment when he repaired Mr. Nash's vehicle and fell off the ledge while emptying gasoline in the spot where his supervisor told him that he could dispose of it. ... On May 8, 1993 plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Sullivan v. Turner Industries, Inc. · filed 1997-11-13(6)
On 19 January 1996, 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.
Thomas v. Cotter Company · filed 1997-12-17(6)
Plaintiff suffered an injury by accident arising out of and in the course of the employment; therefore, he is 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 a back injury sustained by accident while an employee performs his work duties.
Blackley v. Swift Textiles, Inc. · filed 1997-12-18(6)
On 30 January 1995 plaintiff sustained an injury by accident in the course and scope of his employment with defendant to his back while performing the duties of a warp changer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats a traumatic incident of assigned work arising out of and in the course of employment as an injury by accident.
Alford v. Shaw Industries, Inc. · filed 1998-01-16(6)
On June 14, 1995, the plaintiff sustained an injury by accident in the nature of a traumatic incident of the work assigned arising out of and in the course of the employment with the 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.
Price v. the American Crane Corporation · filed 1998-01-16(6)
Plaintiff sustained a compensable injury by accident to his back arising out of and in the course of his employment with defendant-employer on 13 February 1992. 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.
Edge v. City of Rocky Mount · filed 1998-01-16(6)
The plaintiff has proven by the greater weight of the evidence that he sustained an injury by accident on September 7, 1994 arising out of and in the course of his employment.Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident of assigned work.
Houston v. Sherill Furniture · filed 1998-01-16(6)
On August 25, 1995, plaintiff sustained a compensable injury to her back in the course and scope of her employment with the defendant-employer as a direct result of a specific traumatic incident of the work assigned for which she is entitled to benefits under the Workers' Compensation Act.Read the full opinion on CourtListener →
Section 97-2(6) requires proof by the greater weight of the evidence that the claimant sustained an injury by accident.
Jordan v. George C. Moore Elastic Company · filed 1998-01-22(6)
There is insufficient evidence of record from which to prove by the greater weight that plaintiff sustained an injury by accident within the meaning of N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a disabling injury by accident arising out of and in the course of employment.
Riggins v. Elkay Manufacturing Company · filed 1998-01-28(6)
On 14 August 1993 plaintiff sustained a compensable disabling 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 a knee injury and femoral hernia resulting from an accident arising out of and in the course of employment.
Quesenberry v. Ansco Associates · filed 1998-01-30(6)
On 1 March 1993 plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant which resulted in injury to plaintiff's left knee and a left femoral hernia. 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 an injury that aggravates a pre-existing condition.
Kelly v. Grady Atkins Son Logging, Inc. · filed 1998-02-03(6)
On August 9, 1995 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). 2. Plaintiff's injury on August 9, 1995, materially aggravated the pre-existing condition of his left knee, and resulted in temporary disability.Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident or a specific traumatic incident of the assigned work arising out of and in the course of employment.
Gray v. Associated Response Service · filed 1998-02-11(6)
Plaintiff did not sustain an injury by accident or as a result of a specific traumatic incident of the work assigned arising out of and in the course of her employment with defendant-employer on or about March 25, 1996. 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 employment.
Ashley v. Black and Decker Corporation · filed 1998-02-18(6)
On 26 May 1991, Charles Ashley sustained an injury by accident arising out 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.
Frizzell v. Mullen · filed 1998-02-19(6)
On 16 September 1991, 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).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.
Daye v. Golden Corral · filed 1998-03-26(6)
Plaintiff's costochondritis or herniated disc did not result from an injury by accident arising out of and in the course of plaintiff's employment with defendant-employer on 27 February 1992. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury caused by an accident arising out of and in the course of employment.
Williams v. City of Wilmington · filed 1998-03-31(6)
Plaintiff has proven by the greater weight of the evidence that on or about June 6, 1995 he sustained an injury as a result of an accident arising out of and in the course of his employment with defendant.Read the full opinion on CourtListener →
Section 97-2(6) requires proof by the greater weight of the evidence of an injury by accident arising out of and in the course of employment.
Finch v. Durham Harold Company · filed 1998-04-01(6)
The plaintiff has failed to prove by the greater weight of the evidence that she sustained an injury by accident arising out of and in the course of her employment with defendant. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by an accident or specific traumatic incident arising out of and in the course of employment.
Guthrie v. Food Lion, Incorporated · filed 1998-04-03(6)
On November 27, 1989, plaintiff sustained an injury by accident or specific traumatic incident 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) requires a claimant to prove by the greater weight of the evidence that an actual injury resulted from the alleged workplace event.
Hardee v. Farmers Tobacco Warehouse · filed 1998-05-20(6)
In the present case, plaintiff therefore bears the burden of proving that the alleged injury to decedent's right knee occurred as a result of the event occurring on September 28, 1993. There is insufficient evidence of record from which to determine by its greater weight that decedent suffered an actual injury on September 28, 1993. 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.
Randolph v. Dth Management Group, Inc. · filed 1998-06-04(6)
On 24 July 1995, 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) requires a claimed consequential injury to be causally connected to the compensable work injury to qualify for compensation.
Dalton v. Salem Electric Co., Inc. · filed 1998-06-10(6)
Plaintiff has failed to show by the greater weight of the evidence that the alleged incident on 17 September 1995 in which he injured his neck is causally related to the compensable injury to his ankle which arose out of and in the course of his employment with defendant-employer. As there is no causal connection between plaintiff's compensable injury and that which comprises the basis for this action, plaintiff is not entitled to compensation under the Act. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident of assigned work as an injury by accident arising out of and in the course of employment.
Rhodes v. Hersek Express · filed 1998-06-12(6)
On July 10, 1992, plaintiff sustained an injury to his back arising out of and in the course of his employment as a direct result of a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident sustained in the course and scope of employment.
Williamson v. Eaton · filed 1998-06-15(6)
Plaintiff sustained an injury by accident on August 5, 1994, while in the course and scope of his employment with Defendant Eaton for which he is entitled to receive workers' compensation benefits. 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.
Luna v. Butterball Turkey Company · filed 1998-06-17(6)
On 15 December 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 →
An injury by accident arising out of and in the course of employment qualifies under § 97-2(6).
Dixon v. Skf-Chicago Rawhide Industries · filed 1998-06-22(6)
On August 19, 1995, 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) requires proof of an injury by accident arising out of or in the scope of employment, or a specific traumatic incident of assigned work, for a compensable claim.
Thomas v. Texfi Industries · filed 1998-06-22(6)
Plaintiff has failed to prove by the greater weight of the evidence that he sustained an injury by accident arising out of or in the scope of his employment with defendant-employer on either September 1, 1993, or January 5, 1995, or that plaintiff sustained a specific traumatic incident of work assigned on either September 1, 1993, or January 5, 1995. Plaintiff's claim, therefore, is not compensable under the provisions of the North Carolina Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires proof that the claimed injury resulted from an accident arising out of and in the course of employment; causation cannot rest on speculation or conjecture.
Bailey v. Nc Products · filed 1998-06-23(6)
To establish causation, the evidence must rise above the level of mere speculation or conjecture. Hinson v. National Starch Chem. Corp ., 99 N.C. App. 198 , 392 S.E.2d 657 (1990). The evidence in this case is insufficient as a matter of law to establish that plaintiff's alleged injuries resulted from the incident on 7 January 1996. Therefore, plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
An injury is compensable under the Workers’ Compensation Act only if it results from an accident arising out of and in the course of employment.
Hill v. Concept Plastics, Inc. · filed 1998-07-06(6)
In order for an injury to be compensable under the Workers' Compensation Act, it must be the result of an accident arising out of and in the course of employment. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident or specific traumatic incident sustained in the course and scope of employment.
Leonard v. Rite Industries, Inc. · filed 1998-07-13(6)
Plaintiff sustained an injury by accident on 8 December 1995 while in the course and scope of his employment with defendant-employer. Plaintiff did not sustain an injury by accident or specific traumatic incident on 13 May 1996 while 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 accidental back injury arising out of and in the course of employment.
Waitley v. Cape Fear Valley Medical Center · filed 1998-07-16(6)
On 3 May 1995, plaintiff suffered a compensable injury to her back 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 proof by the greater weight of the evidence that a workplace accident caused or aggravated the claimed injury.
Blanks v. C. T. Specialties Corporation · filed 1998-07-21(6)
Plaintiff has failed to prove by the greater weight of the evidence that the 14 September 1994 accident in which he struck his elbow either caused or aggravated his cervical or lumbar conditions and resulting complaints. 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.
Ruggery v. N.C. Dept. of Correction · filed 1998-07-27(6)
On March 12, 1995, 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 →
An injury from a specific traumatic incident of assigned work qualifies as an injury by accident arising out of and in the course of employment.
Quinn v. Lincoln County Schools · filed 1998-07-27(6)
On January 25, 1994, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant Lincoln County Schools in that he sustained a specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) requires depression to result from an injury by accident arising out of and in the course of employment to qualify as a compensable injury.
Highsmith v. Asea Brown Boveri · filed 1998-07-27(6)
Plaintiff's depression did not result from 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 →
Under § 97-2(6), work stress arising from an employee’s inability to perform assigned duties does not establish a mental injury by accident.
Byrd v. Central Carolina Bank · filed 1998-07-28(6)
Plaintiff did not suffer a mental injury by accident arising out of and in the course of her employment with defendant-employer. The greater weight of the evidence tends to show that the stress plaintiff suffered while working for defendant-employer arose from plaintiff's inability to perform her assigned duties, not from harassment or stress inherent in the duties themselves. ... Plaintiff did not suffer a mental 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 proof of an injury by accident arising out of and in the course of employment, with medical evidence linking the claimed condition to the accident when causation requires medical proof.
Harrington v. Jenan, Inc. · filed 1998-08-04(6)
Plaintiff failed to prove by the greater weight that she sustained an injury by accident arising out of and in the course and scope of the employment on 4 December 1995. Assuming arguendo that plaintiff sustained an accident at work on 4 December 1995, there is no medical evidence causally relating her medical condition to the alleged accident. Furthermore, there is no evidence in the record to support that plaintiff had any disability from work resulting from her alleged accident. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) does not treat a claimed condition as an injury by accident or specific traumatic incident when neither occurred.
Morton v. Cranford Trucking Company · filed 1998-08-04(6)
Plaintiff did not suffer an injury by accident or specific traumatic incident on or about 4 August 1995. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a fatal injury to be caused by an accident arising out of and in the course of employment.
Westbrooks v. Bowes · filed 1998-08-18(6)
To recover death benefits under the Workers’ Compensation Act, a claimant bears the burden of proving that the decedent sustained a fatal injury (1) by accident, (2) arising out of his employment, and (3) during the course of his employment. N.C. Gen. Stat. §§ 97-2(6), 97-38 (Cum. Supp. 1997).Read the full opinion on CourtListener →
Section 97-2(6) requires proof by the greater weight of the evidence that a claimant sustained an injury by accident arising out of or in the course of employment.
Webster v. City of Charlotte · filed 1998-08-21(6)
Plaintiff has failed to prove by the greater weight of the evidence that he sustained an injury by accident arising out of or in the course of his employment with defendant-employer on or about March 1994. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a disc herniation caused by a specific traumatic incident during assigned work as an injury by accident.
Peterkin v. Triad Medical Services · filed 1998-09-22(6)
On 9 September 1995, plaintiff sustained an injury by accident arising out of and in the course of her employment with the defendant-employer whereby plaintiff sustained a disc herniation at the C5-6 level as a 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) requires proof by the greater weight of the evidence of an injury by accident arising out of and in the course of employment.
Williams v. Total Construction Services · filed 1998-09-24(6)
Plaintiff has failed to prove by the greater weight of the evidence that he sustained an injury by accident arising out of and in the course of his employment with the defendant-employer on or about December 19, 1996. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats an injury arising out of and in the course of employment as compensable, but a later condition must result from the work incident to be covered.
Wade v. Latco Construction Company · filed 1998-10-12(6)
On November 11, 1994, plaintiff sustained an injury by accident arising out and in the course of her employment with the defendant-employer, but plaintiff's herniated disc was not the result of the specific traumatic incident of the work assigned.Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment or a back injury from a specific traumatic incident of the work assigned.
Graham v. Corporate Staffing Consultants, Inc. · filed 1998-10-22(6)
Plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer or a specific traumatic incident of the work assigned on 14 November 1995.Read the full opinion on CourtListener →
Section 97-2(6) treats an accidental injury arising out of and in the course of employment as a compensable injury.
Martin v. Fieldcrest Cannon Inc. · filed 1998-11-04(6)
On 5 March 1993, plaintiff sustained an injury by accident, which injury arose out of and in the course of his employment with defendant.Read the full opinion on CourtListener →
An injury caused by an employee performing normal work duties in normal working conditions is not an injury by accident, even if the exertion causes the injury.
Sims v. Burns Aerospace Corp. · filed 1998-11-06(6)
Plaintiff did not sustain an injury by accident to her right shoulder on August 1, 1993. ... If a claimant's injury is caused by an event that involved his normal work routine in normal working conditions, it would not be considered to have been caused by an accident. This is true even when the exertion is the obvious cause of the injury.Read the full opinion on CourtListener →
Section 97-2(6) requires proof of an injury by accident or specific traumatic incident arising out of and in the course of employment.
Horton v. Cssi · filed 1998-11-17(6)
Plaintiff did not sustain an injury by accident or specific traumatic incident arising out of and in the course of his employment with defendant-employer on 11 November 1996. 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 or a specific traumatic incident of the assigned work.
Stover v. Alltel Carolina, Inc. · filed 1998-12-15(6)
Plaintiff did not sustain an injury by accident arising out of and in the course of her employment with defendant-employer or a specific traumatic incident of the work assigned on October 29, 1996.Read the full opinion on CourtListener →
Section 97-2(6) covers cubital tunnel syndrome that develops from an earlier compensable injury by accident.
Shoffner v. Communication Cable, Inc. · filed 1998-12-15(6)
Plaintiff's cubital tunnel syndrome is a result of her compensable 4 January 1995 injury by accident, for which defendant-employer by and through Key Risk Management Services, Inc., is liable. N.C. Gen. Stat. § 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; carpal tunnel symptoms unrelated to employment do not meet that requirement.
Dukes v. Black and Decker · filed 1998-12-18(6)
In 1992, plaintiff's complaint of carpal tunnel syndrome did not result from 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; an accident involves an interruption of the usual work routine that introduces unusual conditions likely to produce unexpected consequences.
Wright v. Maxim Healthcare · filed 1998-12-21(6)
An "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.Read the full opinion on CourtListener →
Section 97-2(6) requires an interruption of the work routine and unusual conditions likely to cause unexpected consequences for an injury to qualify as an injury by accident.
Neal v. Southern Equipment Company, Inc. · filed 1998-12-22(6)
For an injury to result by accident, there must be an interruption of the work routine and the introduction of unusual conditions likely to result in unexpected consequences. Harding v. Thomas Howard Co., 256 N.C. 427 , 124 S.E.2d 109 (1962). In this case, plaintiff was in the process of cleaning his truck and dismounting his truck using a three point turn. This was a normal part of plaintiff's regular duties and plaintiff's injury was not an accident within the meaning of the Act. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats a head injury sustained in an accident arising out of and in the course of employment as a compensable injury, including epilepsy caused by that injury.
Steele v. Griffin Services, Inc. · filed 1998-12-23(6)
On 3 April 1995 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). 2. As a result of this compensable injury to his head on 3 April 1995, the plaintiff developed epilepsy. 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.
Grimes v. Flowers Company · filed 1999-01-14(6)
Plaintiff sustained an injury by accident which arose out of and in the course of his employment with Employer-Defendant on 14 August 1995. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident when a work event interrupts the employee’s regular routine and introduces unusual circumstances likely to cause unexpected consequences.
Keeling v. Department of Correction · filed 1999-03-04(6)
Plaintiff's March 19, 1996 work-related injury constituted an interruption of his regular work routine and the introduction thereby of unusual circumstances likely to result in unexpected consequences. Therefore, on March 19, 1996, plaintiff sustained an injury by accident arising out of and in the course of his employment.Read the full opinion on CourtListener →
Section 97-2(6) requires proof by the greater weight of the evidence that the claimant sustained an injury by accident.
Godwin v. Rite Aid Corporation · filed 1999-03-23(6)
In view of the fact that Plaintiff's testimony regarding an alleged work-related injury is not accepted as credible and the Commission is the sole judge of the truthfulness and weight of the testimony, Plaintiff has failed to prove by the greater weight of the evidence that she sustained an injury by accident on April 19, 1996. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident or specific traumatic incident arising out of and in the course of employment.
Haire v. Norwest Corporation · filed 1999-04-07(6)
On June 9, 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).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove by the greater weight of the evidence that she sustained an injury by accident.
Kamalbake v. Animal Hospital of Fayetteville · filed 1999-04-13(6)
Plaintiff has failed to prove by the greater weight of the evidence that she sustained an injury by accident on January 29, 1997. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats an injury caused by an interruption of the employee’s normal work routine as an injury by accident arising out of and in the course of employment.
Harrison v. Tobacco Transport, Inc. · filed 1999-04-16(6)
This incident which occurred on 10 October 1994 was an interruption of plaintiff's normal work routine, thereby resulting in plaintiff sustaining 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) requires a claimant to establish an injury by accident while working to receive compensation.
Gray v. Casaldi's Cafe, Inc. · filed 1999-04-28(6)
Plaintiff did not experience a compensable injury by accident incident while working for defendant-employer on August 18, 1995. 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; experiencing pain while performing job duties alone does not establish such an injury.
Watkins v. Sara Lee Corporation · filed 1999-05-06(6)
The plaintiff did not sustain an injury by accident on August 18, 1995 arising out of and in the course of her employment with the defendant-employer when she experienced pain in her arms and back while cutting out shirts. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires proof that an alleged injury results from an accident or specific traumatic incident arising out of and in the course of employment.
McAllister v. Wellman, Inc. · filed 1999-06-09(6)
Even if res judicata were not applicable in this case, plaintiff has failed to prove by the greater weight of the evidence that his alleged injury from fainting on or about 26 June 1991 and the combined psychological problems are a direct result of an accident or specific traumatic incident 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) treats a back injury directly caused by a specific traumatic incident of assigned work as an injury by accident arising from employment.
Strong v. Burlington Industries Inc. · filed 1999-06-17(6)
Plaintiff sustained an injury by accident arising out of the course of his employment and as a direct result of a specific traumatic incident of the work assigned by defendant on June 10, 1994.Read the full opinion on CourtListener →
Section 97-2(6) treats an unexpected, undesigned event causing injury during work as an injury by accident arising out of and in the course of employment.
Jones v. North Carolina State University · filed 1999-06-17(6)
Plaintiff sustained an injury by accident on April 21, 1997, when he stepped on a loose metal tread which shifted, causing him to lose his balance, twist and fall up against a wall. This incident constituted an unlooked for and untoward event which was not expected or designed by plaintiff and which resulted in injury to plaintiff. Therefore, plaintiff sustained an injury by accident arising out of and in the course of his employment.Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident arising out of and in the course of employment; ordinary duties performed in the usual way do not constitute an accident without an interruption of the work routine introducing unusual conditions likely to cause unexpected consequences.
Nowell v. Lee Batten Rest. Equip. Co. · filed 1999-06-28(6)
An "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.Read the full opinion on CourtListener →
Section 97-2(6) covers a back injury caused by a specific traumatic incident of assigned work as an injury by accident arising out of and in the course of employment.
Hiter v. Gte Corp. · filed 1999-07-02(6)
Plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer and as a direct result of a specific traumatic incident of the work assigned on December 28, 1995.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.
Long v. Gate City Glass Co., Inc. · filed 1999-07-09(6)
In order for an injury to be compensable under the Workers' Compensation Act, it must be the result of an accident arising out of and in the course of employment. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats soft tissue back injuries directly caused by an accident during assigned work as an injury by accident arising out of and in the course of employment.
Keeling v. N.C. Department of Correction · filed 1999-08-03(6)
On March 19, 1996, plaintiff sustained an injury by accident arising out of and in the course and scope of his employment with the defendant-employer in that he sustained soft tissue injuries in the cervical, thoracic and lumbar regions of his back as a direct result of the work assigned. 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 qualifies under § 97-2(6).
Jernigan v. McLamb's Lp Gas Supply Co. · filed 1999-08-05(6)
On 20 September 1990, 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 head injury arising out of and in the course of employment.
Carter v. Sara Lee Corporation · filed 1999-08-06(6)
On July 8, 1992 plaintiff sustained a compensable injury by accident to his head 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) treats an injury by accident arising out of and in the course of employment as a compensable injury.
Whitner v. Lea Industries · filed 1999-09-07(6)
On November 19, 1992, plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A back injury is not an injury by accident under § 97-2(6) without proof that an unusual, unexpected, or traumatic work incident caused it.
Dorsey v. Kenan Transport Company · filed 1999-09-20(6)
The competent, credible, and convincing evidence of record is insufficient to prove by its greater weight that plaintiff's herniated disc was caused by an unusual, unexpected, or traumatic incident occurring during his performance of his regular work routine. ... Plaintiff did not sustain injury by 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 →
Section 97-2(6) requires proof of an injury by accident or a specific traumatic incident of the assigned work to establish a compensable injury.
Adams v. Precision Walls, Inc. · filed 1999-05-05(6)
Plaintiff has not proved by a preponderance of the competent, credible evidence of record that she sustained an injury by accident or specific traumatic incident of the work assigned during the summer of 1996 or a reinjury to her back on 26 February 1997.Read the full opinion on CourtListener →
Section 97-2(6) defines injury as an accidental injury arising out of and in the course of employment; its definition does not address non-physical effects.
Buser v. Southern Food Service, Inc. · filed 1999-08-11(6)
As alluded to in § 97-3 above, the Act defines "injury” to include "only injury by accident arising out of and in the course of the employment....” N.C.Gen.Stat. §97-2(6). ... It does not address non-physical effects.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Cardona v. Black Decker Corporation · filed 1999-10-07(6)
On 9 December 1996 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 →
An employee must prove by the greater weight of the competent evidence that a compensable injury by accident occurred.
Townsend v. Coco Prints · filed 1999-10-12(6)
Plaintiff has failed to show by the greater weight of the competent evidence that he sustained a compensable injury by accident on 1 April 1997. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires a claimed injury by accident, including mental health problems, to arise out of and in the course of employment.
Parker v. Norton Company · filed 1999-10-18(6)
Plaintiff's complaint of mental health problems and depression did not result from 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 that exacerbates an earlier work injury.
Tilly v. High Point Sprinkler · filed 1999-10-20(6)
Plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer on April 8, 1991. Plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer on October 19, 1992 which exacerbated his condition. 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.
Farrag v. Gilbert Robinson, Inc. · filed 1999-11-04(6)
On 21 November 1991, plaintiff sustained an injury by accident arising out of and in the course and scope of his 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.
Askew v. Texfi Industries, Inc. · filed 1999-11-22(6)
Plaintiff sustained an injury by accident arising out of and in the course and scope of his employment with defendant-employer on 4 April 1997.Read the full opinion on CourtListener →
Section 97-2(6) treats later symptoms and surgery as part of a compensable injury when they are causally related to the original workplace accident.
Randall v. Trw, Inc. · filed 1999-11-22(6)
Plaintiff sustained a compensable injury to his left ankle arising out of and in the course of his employment with defendant-employer on 13 April 1996. Plaintiff's left ankle problems following his treatment with Dr. Wilhelmsen and ultimate surgery by Dr. Glover are causally related to plaintiff's 13 April 1996 compensable injury. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires an interruption of the normal work routine and unusual conditions for a compensable injury by accident in cases other than back injuries or hernias.
Starnes v. Edwards Wood Products · filed 1999-11-29(6)
In order to have a compensable accident in cases not involving back injuries or hernias, there must be an interruption of the normal work routine and the introduction of unusual conditions likely to result in unexpected consequences.Read the full opinion on CourtListener →
A work-related specific traumatic incident that causes or materially aggravates a pre-existing cervical disk condition is a compensable injury by accident.
Cannon v. Century Furniture Industries · filed 1999-11-29(6)
Plaintiff's work-related specific traumatic incident of April 15, 1995 either caused the C-5/C-6 disk herniation and C-6 radiculitis or materially aggravated these pre-existing conditions and is therefore a compensable injury by accident arising out of and in the course of employment.Read the full opinion on CourtListener →
An injury is an injury by accident when unusual circumstances interrupt the employee’s regular work routine and cause the injury.
Calderwood v. Charlotte-Mecklenburg Hosp. Auth. · filed 2000-01-04(6)
On October 2, 1995, plaintiff sustained an injury by accident arising out of and in the course of her employment with the defendant-employer when she injured her left shoulder while performing the work assigned. Plaintiff was not doing her usual job in her usual way and the circumstances leading to her injury constituted an interruption of her usual work routine. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats a fatal heart attack caused by unusual or extraordinary exertion in employment duties as an accident.
Wall v. Appling-Boren Company, Inc. · filed 2000-01-05(6)
Decedent's unusual or extraordinary exertion or overexertion caused by his employment duties immediately preceding his fatal heart attack constituted an accident within the meaning of the Workers' Compensation Act. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident to arise from a specific traumatic incident of the assigned work or an interruption of normal work by unusual conditions likely to cause unexpected consequences.
Love v. Owens Masonry, Inc. · filed 2000-01-21(6)
On or about 28 October 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 28 October 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. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
An injury by accident includes an unlooked for and untoward interruption of the usual work routine that introduces unusual conditions likely to produce unexpected consequences, such as an unusual body position and movement during required training.
Christopher v. Cherry Hospital · filed 2000-03-10(6)
On June 3, 1998, plaintiff sustained a compensable injury by accident arising out of and in the course of her employment with defendant-employer, an unlooked for and untoward event which was not expected or designed and was an interruption of plaintiff's usual work routine and introduced unusual conditions likely to result in unexpected consequences when as plaintiff was training for an emergency evasive maneuver, her body was placed in an unusual position and engaged in an unusual movement. 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.
Kelly v. Grady Atkins Son Logging, Inc. · filed 2000-03-23(6)
On August 9, 1995 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) treats a specific traumatic incident of assigned work that arises out of and in the course of employment as an injury by accident.
Wood v. O'Berry Center · filed 2000-09-19(6)
On March 16, 1996, plaintiff sustained an injury by accident to his back that arose out of and in the course of his employment with defendant in that he sustained a specific traumatic incident of the work assigned. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires an employee to prove a compensable injury by accident to receive workers’ compensation benefits.
Fisher v. Honeycutt Knitting, Inc. · filed 2001-01-23(6)
Plaintiff has failed to prove by the greater weight of the evidence of record that she sustained a compensable injury by accident on October 11, 2000; therefore, she is not entitled to benefits under the North Carolina Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) limits an injury to an accident arising out of and in the course of employment; pecuniary loss caused later by an attorney’s failure to file suit is not such an injury.
Grant Construction Co. v. McRae · filed 2001-10-02(6)
While Attorney McRae failed to file Ward’s lawsuit against Formco and caused Ward to suffer pecuniary losses, McRae himself did not cause an injury to Ward as that term is defined under the Workers’ Compensation Act.Read the full opinion on CourtListener →
An injury by accident includes a knee condition caused by a work accident even when treatment for the knee begins much later.
Scott v. City of Greensboro · filed 2001-10-03(6)
Dr. Murphy opined and the Full Commission finds that, although the plaintiff did not seek medical attention for her knee until 11 June 1999 and that she initially reported to Dr. Kramer that she did not receive a knee injury or suffer a trauma, based upon plaintiff's report that she suffered knee pain on and off since the incident, the traumatic event of 5 September 1997 caused her knee problem. ... On 5 September 1997, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant which resulted in an injury to her back and left knee. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires competent evidence that an employee sustained an injury by accident arising from employment.
Bagley v. IBM · filed 2001-10-22(6)
In the instant case, there is insufficient competent evidence in the record to establish that plaintiff sustained an injury by accident to her right shoulder arising out of the course of her employment with defendant-employer IBM, defendant-employer Interim Personnel Services, defendant-employer Hecht's Department Store or defendant-employer National Transportation Services. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
A work-related incident that exacerbates a pre-existing condition can qualify as a compensable injury by accident or specific traumatic incident under § 97-2(6).
Harrison v. Bear Grass Logging Corp. · filed 2001-11-02(6)
Plaintiff's compensable injury by accident significantly exacerbated his pre-existing condition of isthmic spondylolisthesis of L5-S1, causing symptoms which prevented plaintiff from returning to work. ... On 28 January 1999, plaintiff sustained a compensable injury by accident or specific traumatic incident arising out of and in the course of his 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; a later condition is compensable only if it was proximately caused by that accident.
Gee v. Vf Corporation · filed 2001-11-02(6)
On February 7, 1995 plaintiff sustained an injury by accident to her thumb arising out of and in the course of her employment with defendant-employer. However, the rotator cuff condition for which plaintiff was subsequently treated was not a proximate result of the accident. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) does not treat an injury as an injury by accident when it occurs during usual job duties performed in the customary manner without an interruption of the normal work routine.
Johnson v. Pharr Yarns · filed 2001-11-14(6)
However, this incident does not constitute an injury by accident under the Act as plaintiff was performing her normal job duties in her usual, customary manner, and there was no interruption of her normal work routine that precipitated the injury to her right knee.Read the full opinion on CourtListener →
An injury caused while unusual working conditions interrupt an employee’s normal work routine is a compensable injury by accident under § 97-2(6).
Graham v. tompkins/johnston Co. · filed 2001-12-06(6)
Plaintiff's lifting the old and extremely heavy ductwork in an unusually cramped space on August 3, 1999 constituted an interruption in plaintiff's normal work routine and the resulting injury was a compensable injury by accident.Read the full opinion on CourtListener →
Section 97-2(6) does not treat a disabling shoulder condition as a new injury by accident when no new accident occurred during the later employment.
Bryant v. farley/westpoint Stevens, Inc. · filed 2001-12-11(6)
Plaintiff's May 1998 disabling right shoulder condition was not caused by a new injury by accident while employed with defendant-employer American Defender Services.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Williams v. Hill Hosiery Mill, Inc. · filed 2002-01-08(6)
On August 14, 1999, 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 caused by an unusual event that interrupts an employee’s work routine and arises out of and in the course of employment.
Johnson v. Wayne County Schools · filed 2002-01-08(6)
The loud ringing of the fire alarm and re-routing of the students on 26 August 1999 was an unusual event and interruption of plaintiff's work routine. Therefore, on 26 August 1999, plaintiff sustained an injury by accident resulting out of and in the course of her employment with defendant-employer.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.
Dyson v. Haworth, Inc. · filed 2002-01-08(6)
On December 1, 1995, plaintiff sustained a compensable injury to her back 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 employee seeking indemnity compensation must establish an injury by accident arising out of and in the course and scope of employment.
Woods v. Carolina Women's Center · filed 2002-01-11(6)
An employee seeking indemnity compensation under the Act must first establish that the injury was an injury by accident arising out of and in the course and scope of their employment.Read the full opinion on CourtListener →
Section 97-2(6) requires a claimant to prove that the claimed condition or disability was caused by an injury by accident arising out of and in the course of employment.
Benton v. Sutherland Precision Framing · filed 2002-01-11(6)
Plaintiff has the burden of proving that his conditions and alleged disability were caused by an injury by accident arising out of and in the course of his employment. 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 specific traumatic incident and a causal link between that event and the claimed injury.
Griffle v. American Freightways Inc. · filed 2002-01-11(6)
Plaintiff has not shown by the greater weight of the evidence that he sustained a compensable injury by accident or specific traumatic incident on or about 25 March 1999 by either taking lengthy car trips, by pushing a car, or by falling when attempting to push the car, or that any of those events caused the injuries for which plaintiff later sought medical treatment.Read the full opinion on CourtListener →
Fibromyalgia and myofascial pain syndrome caused by a work injury can be consequences of an injury by accident under subsection (6).
Hampton v. Ingles Markets, Inc. · filed 2002-02-06(6)
As a consequence of the March 10, 1997 injury by accident, Plaintiff also developed fibromyalgia and myofascial pain syndrome. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers accidental injuries arising out of and in the course of employment.
Grimes v. Flowers Company · filed 2002-03-04(6)
On August 14, 1995, plaintiff sustained compensable injuries arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
An emergency that interrupts an employee’s normal work routine and causes an injury can qualify as an injury by accident.
Hall v. Forsyth Medical Center · filed 2002-03-12(6)
When plaintiff reacted to the immediate need to replace the tube and released the pad with her left hand, which she and Ms. Rogers were using to turn a patient, and shifted all the weight onto her right arm and shoulder, there was an interruption of her normal work routine. ... Plaintiff sustained an injury by accident on April 24, 2000 while in the course and scope of employment with defendant-employer.Read the full opinion on CourtListener →
Section 97-2(6) requires proof of a compensable injury by accident or specific traumatic incident to the back while at work.
Metts v. N.C. Department of Revenue · filed 2002-01-15(6)
Plaintiff failed to prove, by the greater weight of the evidence, that he sustained a compensable injury by accident or specific traumatic incident to back while at work on 19 November 1996.Read the full opinion on CourtListener →
Section 97-2(6) requires a causal connection between a compensable accident and a later condition before additional benefits may be awarded for that condition.
Sheffield v. Perdue Farms, Inc. · filed 2002-02-18(6)
The evidence fails to establish that Plaintiff's herniated lumbar disk is causally related to his compensable injury by accident of October 28, 1991. The evidence does not establish that the herniated disk was caused by or was the natural consequence of the accident of October 28, 1991. Therefore, Plaintiff's claim for additional benefits related to the herniated lumbar disk or any consequences thereof must be denied. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
An injury caused by an interruption of the employee’s normal work routine can qualify as an injury by accident arising out of and in the course of employment.
Bowes v. City of Roxboro · filed 2002-03-18(6)
On January 22, 1999 plaintiff sustained an interruption of his normal work routine resulting in an injury by accident arising out of and in the course of his employment with defendant-employer. Said injury by accident resulted in an injury to his left shoulder and consequently, his right shoulder. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats an assault arising in the course and scope of employment as a compensable injury by accident when the claimant proves the connection to employment.
Self v. Carolina North American, Inc. · filed 2002-03-19(6)
The person claiming the benefit of compensation has the burden showing that the injury complained of resulted from an accident arising out of and in the course of his employment. The plaintiff met his burden in this case. The assault on plaintiff came during the course and scope of his employment. N.C. Gen. Stat. § 97-2 (6); Henry v. A.C. Lawrence Leather Company , 321 N.C. 477 , 57 S.E.2d 760 (1950).Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident sustained in the course and scope of employment.
Horton v. Piedmont Heat Treating Corporation · filed 2002-03-28(6)
Plaintiff suffered an injury by accident to her left big toe on May 6, 1997. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Mental impairments may qualify as injuries by accident when they arise out of and in the course of employment and the resulting disability meets the statutory requirements.
McInnes v. Charter Behavioral Health · filed 2002-04-05(6)
In the instant case, plaintiff sustained an injury by accident resulting in post-traumatic stress disorder, a mental injury that arose out of and in the course of her employment with defendant-employer on 4 March 1998. Mental impairments are compensable under the Workers' Compensation Act so long as the resulting disability meets the statutory requirements.Read the full opinion on CourtListener →
Section 97-2(6) requires an interruption of the normal work routine or unusual conditions likely to cause an unexpected event or consequence for a non-back injury to qualify as an injury by accident.
Hill v. the Summit · filed 2002-04-18(6)
Injuries not to the back, such as plaintiff's in this case, require an interruption of plaintiff's work routine or the introduction of unusual conditions likely to result in an unlooked-for event or unexpected consequences. No such interruption or introduction occurred in this case and plaintiff's case is therefore noncompensable.Read the full opinion on CourtListener →
Section 97-2(6) treats a specific traumatic incident of assigned work arising out of and in the course of employment as an injury by accident.
Lopez v. Celebrity Inc. · filed 2002-04-19(6)
On March 17, 1999 plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant-employer in that she sustained a specific traumatic incident of the work assigned. 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.
Hardison v. Kennedy Refrigeration · filed 2002-04-24(6)
On September 30, 1996, 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 →
A rotator cuff tear caused by an accident arising out of and in the scope of employment qualifies as an injury by accident under subsection (6).
Gilbert v. Black Decker · filed 2002-04-25(6)
Plaintiff sustained an injury by accident arising out of and in the scope of her employment with defendant-employer on October 22, 1998, when she sustained a rotator cuff tear. 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.
Yoo v. Yoo · filed 2002-05-16(6)
On January 19, 1999, plaintiff sustained a compensable injury by accident arising out of and in the course of this employment. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a compensable right-hand injury by accident resulting in trigger finger.
Jackson v. Citation Foundry Service Co. · filed 2002-05-22(6)
Plaintiff suffered a compensable injury by accident to her right hand resulting in trigger finger. N.C. Gen. Stat. § 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 to be compensable.
Harrison v. Copeland Corp. · filed 2002-05-28(6)
In order for disability to be compensable in the Workers' Compensation Act, it must be the result of an accident arising out of and in the course and scope of her employment or be an occupational disease. Plaintiff has failed to demonstrate by a preponderance of the evidence, or any evidence at all, that she sustained an injury by accident arising out of the course and scope of her employment to her right or left shoulder.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Wilson v. L. W. Stone Electric, Inc. · filed 2002-06-05(6)
On May 19, 1999 plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) does not treat stress, anxiety, and depression as consequences of a compensable injury by accident when they are not causally related to that injury.
Turner v. County of Durham · filed 2002-06-06(6)
Plaintiff's stress condition, anxiety and depression are not causally related to her compensable injury by accident. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers a traumatic brain injury caused by an injury by accident at work, including resulting personality changes and frontal lobe syndrome.
Irby v. New Telephone Co., Inc. · filed 2002-06-06(6)
Plaintiff sustained a mild, traumatic brain injury as a result of the October 6, 1999 injury by accident which caused personality changes and symptoms that have been labeled as frontal lobe syndrome. 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 →
Section 97-2(6) does not treat pain arising during normal work performed in the normal manner, without an accident or specific traumatic incident, as a compensable injury by accident.
Southerland v. City of Durham · filed 2002-06-14(6)
The Full Commission therefore finds that plaintiff was performing her normal job in a normal manner on 14 December 1998. ... Plaintiff did not sustain an injury by accident arising out of her employment with defendant or as a direct result of a specific traumatic incident of the work assigned on or about 14 December 1998. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) covers post-traumatic stress disorder and anxiety that directly result from a compensable injury by accident.
Hayes v. Asplundh Tree Expert Company · filed 2002-07-02(6)
Plaintiff sustained an admittedly compensable injury by accident arising out of and in the course of his employment with defendant-employer on October 19, 1999. As a direct result of plaintiff's admittedly compensable injury by accident, he also suffers post-traumatic stress disorder and anxiety. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) does not treat an injury sustained while performing regular duties in the usual and customary manner as an injury by accident.
Pittman v. Spruce Pine Community Hospital · filed 2002-07-09(6)
Plaintiff experienced increased left knee pain on 24 April 2000, while engaged in her normal routine in her usual and customary manner. Plaintiff's left knee injury was not caused by an accident.Read the full opinion on CourtListener →
Section 97-2(6) requires proof of a compensable injury by accident or specific traumatic incident.
Helton v. Fabrics · filed 2002-03-20(6)
Plaintiff did not meet her burden of proving that she suffered a compensable injury by accident or specific traumatic incident on July 24, 1992.Read the full opinion on CourtListener →
A recurrence that naturally progresses from an earlier compensable injury is a continuation of that injury rather than a new injury by accident.
Moorefield v. Shaw Industries, Inc. · filed 2002-04-03(6)
On 27 August 1998, plaintiff continued to experience back pain as result of compensable injury by accident while working for defendant-employer. This was a natural progression of plaintiff's symptoms relating to his compensable injury by accident on 18 March 1996. AIG Claims Services is the carrier on risk for the continuation of the compensable injury by accident. N.C. Gen. Stat. § 97-2 .Read the full opinion on CourtListener →
Section 97-2(6) treats an injury as an injury by accident only when it results from an unexpected, unusual or untoward occurrence, or an interruption of the work routine that introduces unusual conditions likely to cause unexpected consequences.
Knight v. Abbott Laboratories · filed 2002-07-12(6)
The confrontation between plaintiff and her supervisor did not constitute an unexpected, unusual or untoward occurrence; nor did it constitute an interruption of the work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences.Read the full opinion on CourtListener →
Section 97-2(6) requires proof of an injury by accident arising out of and in the course of employment.
Goodman v. Triangle Brick Company · filed 2002-07-17(6)
On August 17, 2000 plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) requires proof of an injury by accident arising out of and in the course of employment for a compensable injury claim.
Wiley v. United Parcel Service · filed 2002-07-22(6)
Plaintiff has failed to prove that he sustained a compensable injury by accident arising out of and in the course and scope of his employment with UPS.Read the full opinion on CourtListener →
Section 97-2(6) covers an injury by accident arising out of and in the course of employment.
Smith v. Jackson Beverage Company · filed 2002-07-23(6)
Plaintiff sustained a compensable injury by accident arising out of and in the course of his employment with defendant-employer on November 14, 1994. 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 or a specific traumatic incident of the work assigned.
Scott v. Culp, Inc. · filed 2002-07-26(6)
Plaintiff did not sustain an injury by accident arising out of and in the course of her employment or a specific traumatic incident of the work assigned on or about 5 February 2000.Read the full opinion on CourtListener →
Section 97-2(6) limits a compensable injury by accident to conditions causally related to the work accident.
Baker v. Buger King Corporation · filed 2002-08-13(6)
There is no medical opinion that plaintiff's right arm problems are related to the March 27, 1998 injury by accident and, in fact, her complaints involved a different part of plaintiff's arm that was not originally reported as being injured in the initial injury. Accordingly, plaintiff suffered a compensable injury to her right wrist only. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2(6) treats a workplace scrape that interrupts the employee’s normal work routine as an injury by accident.
West v. McBane-brown Inc. · filed 2002-08-15(6)
Plaintiff suffered an injury by accident when he tore his shirt and scraped his elbow on broken pieces of brick. The accident constituted an interruption in plaintiff's normal work routine in that he experienced an open wound which created a portal for the staph infection.Read the full opinion on CourtListener →
Section 97-2(6) covers a minor knee injury caused by an accident at work and a later work accident that mildly aggravates that injury.
Springer v. McNutt Service Group, Inc. · filed 2002-08-26(6)
On 3 August 1999, plaintiff suffered a minor injury by accident to his left knee arising out of and in the course of his employment resulting in a left knee contusion and residual scarring. On 4 August 1999, plaintiff suffered a mild aggravation of the injury by accident when he slipped but did not fall at work.Read the full opinion on CourtListener →
Section 97-2 covers an injury by accident arising out of and in the course and scope of employment.
Jamison v. Lifeway Christian Resources · filed 2002-09-30(6)
On June 17, 1998, plaintiff 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 .Read the full opinion on CourtListener →
An unexpected coworker assault can be an injury by accident arising out of employment when the conflict stems from the work environment and occurs at the work site.
Stackhouse v. Gold Kist, Inc. · filed 2002-10-03(6)
On December 2, 1999, plaintiff sustained an injury by accident arising out of and in the course of his employment. He was still at the work site and needed to change clothes before the supervisor would drive him back to the office in the company van. The assault by Jason Warren was unintended and unexpected on plaintiffs part. Plaintiff was engaged in horseplay at the time with Jason's brother, but was not intending to injure anyone. He considered the wrestling to be a friendly scuffle. Although the Warren brothers saw nothing friendly about the encounter, Jason's response to the situation was grossly excessive. In any event, the conflict which lead to the stabbing arose from the work environment.Read the full opinion on CourtListener →
An accidental blow at work that causes a soft tissue back injury qualifies as an injury by accident under § 97-2(6).
Allen v. Enron Facility Services, Inc. · filed 2002-10-11(6)
On or about October 22, 1999, plaintiff sustained an injury by accident arising out of and in the course of his employment with the Defendant-employer, when he was slightly struck in the lower back by a raised platform fork of a duct jack which was tilting over. As a consequence of this accident, plaintiff sustained a soft tissue injury to his lower back. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
Section 97-2 covers injuries to additional body parts when they result from a compensable injury by accident.
Eudy v. Gant Associates · filed 2002-10-16(6)
The plaintiff's injuries to his left hip, left knee, and back are as a result of his admittedly compensable injury by accident. N.C. Gen. Stat. § 97-2 .Read the full opinion on CourtListener →
An injury may qualify as an injury by accident when the employee is not performing regular duties in the usual and customary manner.
Norman v. R.J. Reynolds Tobacco Co. · filed 2002-10-16(6)
On 4 March 1996, plaintiff was not performing his regular duties in the usual and customary manner when the ruptured left biceps injury occurred, thus plaintiff sustained an injury by accident to his left biceps arising out of and in the course of his employment with defendant-employer.Read the full opinion on CourtListener →
Section 97-2(6) covers a workplace injury by accident arising out of and in the course of employment.
Fields v. Pitt Cty. Memorial Hospital · filed 2002-11-18(6)
On September 24, 1998 plaintiff sustained a compensable 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) does not treat back pain from moving bags in the normal and customary manner, without an interruption of the usual work routine, as a compensable injury by accident.
Anderson v. N.C. Department of Transportation · filed 2002-12-20(6)
The plaintiff did not sustain a compensable injury by accident arising out of and in the course of his employment to his back on 28 April 1999, the claim which is the subject of I.C. No. 014208, as he was doing his job of moving bags into the hopper in his normal and customary manner, and there was no interruption of his normal work routine. This does not constitute a compensable injury by accident.Read the full opinion on CourtListener →
Section 97-2(6) requires an injury by accident or specific incident in the course and scope of employment for a compensable injury.
Reed v. American Temp. Jbs Temp. Inc. · filed 2003-01-08(6)
Plaintiff did not suffer an injury by accident or specific incident while in the course and scope of employment with defendant-employer. N.C. Gen. Stat. § 97-2 (6).Read the full opinion on CourtListener →
An injury by accident under § 97-2(6) includes later injuries causally related to the original compensable accident.
Foust v. Durham Regional Hospital · filed 2003-01-27(6)
On August 3, 2000, plaintiff sustained an injury by accident arising out of and in the course of her employment with defendant. Plaintiff suffered an electric shock and the results of this shock were significant in her left foot and toes. N.C. Gen. Stat. § 97-2 (6). ... Plaintiff's injuries on January 1, 2001 and February 4, 2001 are causally related to her compensable injury by accident on August 3, 2000. N.C. Gen. Stat. § 97-2 .Read the full opinion on CourtListener →
Notes 1051–1200 of 3,404, oldest cases first.
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