Barber v. Air Specialties of Pinehurst, Inc

I respectfully dissent from the majority opinion finding that plaintiff suffered a compensable injury by accident arising out of and in the course and scope of his employment with defendant-employer. 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). The person claiming the benefit of compensation has the burden of showing that the injury complained of resulted from an injury by accident arising out of and in the course of employment. Henry v. Leather…