Kennedy v. Martin Marietta Chemicals

ARNOLD, Judge.

Recovery under the Workmen’s Compensation Act is designed to compensate for those injuries resulting from accidents which arise out of and in the course of employment. The term “accident” has often been defined as “(1) an unlooked for and untoward event which is not expected or designed by the injured employee; (2) a result produced by a fortuitous cause.” Harding v. Thomas & Howard Co., 256 N.C. 427, 428, 124 S.E. 2d 109, 110-11 (1962). Injury by accident is an injury produced by a fortuitous cause. Brown v. Aluminum Co., 224 N.C. 766, 32 S.E. 2d 320 (1944).

Defendants assign…