Lutes v. Export Leaf Tobacco Co.

HEDEICK, Judge.

G.S. 97-2(18) a-e provides that in all claims for compensation for hernia resulting from injury by accident, the claimant must prove to the satisfaction of the Commission:

a. That there was an injury resulting in a hernia;

b. That the hernia appeared suddenly;

c. That it was accompanied by pain;

d. That the hernia immediately followed an accident;

e. That the hernia did not exist prior to the accident for which compensation is claimed.

Failure to prove the existence of any one of the five elements of G.S. 97-2(18) a-e nullifies plaintiff’s claim. Hensley v. Cooperative, 246 N.C. 274,…