Legal Opinion

Curtis v. Carolina Mechanical Systems, Inc.

Court of Appeals of North Carolina

Decided June 6, 1978No. 7727IC385PublishedCited by 1 opinion

1Opinion of the Court

VAUGHN, Judge.

In order to recover compensation for the hernia, the claimant-employee must, among other things, prove to the satisfaction of the Industrial Commission that the hernia immediately followed an accident. G.S. 97-2(18)d. An accident has occurred within the meaning of the act only if there has been an interruption of the usual work routine or the introduction of some new circumstance not a part of the usual work routine. A hernia suffered by an employee does not occur by accident if the employee is merely carrying out his usual and customary duties in the usual way. Injury caused by…

2Cases cited2 opinions

  1. Harding v. THOMAS AND HOWARD COMPANYSupreme Court of North Carolina · 1962
  2. Beamon v. Stop and Shop GroceryCourt of Appeals of North Carolina · 1975

3Cited by1 opinion

  1. Artis v. N. C. Baptist Hospitals Inc.Court of Appeals of North Carolina · 1979

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