Gunter v. Dayco Corp.

EXUM, Justice.

Defendants seek reversal of the Commission’s award of workers’ compensation to plaintiff for temporary total disability suffered as a result of a ruptured tendon. The sole issue before this Court is whether plaintiff suffered “injury by accident” within the meaning of the Workers’ Compensation Act, N.C.G.S. § 2(6). We hold that he did.

I

The facts are not controverted. Plaintiff was employed under a contract which stated that before he could be laid off he was entitled to displace another employee in a different department with less union seniority than he. As a result of economic…