Ruffin v. Compass Group USA

I do not find competent evidence in the record to support the Commission’s finding and conclusion that plaintiff suffered a com-pensable back injury. I disagree with the majority’s application of a “specific traumatic incident” under N.C.G.S. § 97-2(6) to the facts of this case. Therefore, I respectfully dissent.

In order to be compensable under the Workers’ Compensation Act (“Act”), an injury must result from an “accident arising out of and in the course of the employment.” N.C. Gen. Stat. § 97-2(6) (2001). An accident is an “unlooked for and untoward event which is not expected or designed…