Gray v. Durham Transfer and Storage, Inc.

BROCK, Judge.

As can be seen from Finding No. 5 quoted above, the Industrial Commission found that plaintiff was not injured by accident arising out of and in the course of his employment, because the only thing different or unusual about the incident to distinguish it from any other such lifting was the occurrence of pain.

It is plaintiff’s contention that this ruling is error. He contends that, where the injury itself is unexpected, it constitutes an injury by accident; and that no external, fortuitous occurrence is necessary. Plaintiff cites and relies upon Smith v. Creamery Co., 217 N.C.…