D'Aquisto v. Mission St. Joseph's Health System

WYNN, Judge.

Under the Workers’ Compensation Act, an injury is only com-pensable if it is the result of an “accident arising out of and in the course of the employment^]” N.C. Gen. Stat. § 97-2(6) (2004). In this case, the employer acknowledges that an assault upon Plaintiff-employee occurred “in the course of’ her employment but argues that it did not “arise out of’ her employment. For the reasons given in Wake County Hosp. Sys., Inc. v. Safety Nat’l Cas. Corp., 127 N.C. App. 33, 487 S.E.2d 789, disc. review denied, 347 N.C. 410, 494 S.E.2d 600 (1997), we hold that the full Commission…