Legal Opinion · Dissent

Armstrong v. W.R. Grace Co.

North Carolina Industrial Commission

Decided December 5, 2003No. I.C. NO. 452760Published

1Dissent

It is well settled that where an injury is clearly attributable to an idiopathic condition of the employee, with no other factors intervening or operating to cause or contribute to the injury, no award should be made; however, where the injury is associated with any risk attributable to the employment, compensation should be allowed, even though the employee may have suffered from an idiopathic condition which precipitated or contributed to the injury. Hollar v. Montclair FurnitureCo., Inc., 48 N.C. App. 489, 269 S.E.2d 667 (1980). For. occupational disease purposes, an employer must take his…

2Cases cited5 opinions

  1. Rutledge v. Tultex Corp./Kings YarnSupreme Court of North Carolina · 1983
  2. Hollar v. Montclair Furniture Co., Inc.Court of Appeals of North Carolina · 1980
  3. Smith v. Champion InternationalCourt of Appeals of North Carolina · 1999
  4. Ruffin v. Compass Group USACourt of Appeals of North Carolina · 2002
  5. Frady v. Groves Thread/General Accident Ins.Court of Appeals of North Carolina · 1982

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