Cody v. Snider Lumber Co.

PHILLIPS, Judge.

The only question raised by this workers’ compensation case is whether the decedent-employee’s fatal heart attack, which occurred while he was on the job as a driver of defendant lumber company’s tractor-trailer, was the result of an “injury by accident” under G.S. 97-2(6). Based upon findings of fact which plaintiff does not dispute — though she does dispute certain conclusions of law that the Commission misdubbed findings of fact — the Industrial Commission concluded as a matter of law that “the event which transpired on the day in question” was not an accident within the…