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SEARSEY v. PERRY M. ALEXANDER CONST. CO.

No. 7728IC106.

239 S.E.2d 847 (1978)

Donald SEARSEY (Employee), v. PERRY M. ALEXANDER CONSTRUCTION CO. (Employer), and Aetna Casualty & Surety Co. (Carrier).

Court of Appeals of North Carolina.

January 17, 1978.

Attorney(s) appearing for the Case

Gudger, McLean, Leake, Talman & Stevenson by A. E. Leake, Marshall, for plaintiff-appellee.

Uzzell & Dumont by J. William Russell, Asheville, for defendant-appellants.

CLARK, Judge.

Defendants attack the Commissioner's award as invalid because the plaintiff's injury was caused not by an accident but by an expected, foreseen event which was part of plaintiff's usual work. G.S. 97-2(6) of the Workmen's Compensation Act limits compensation to recovery for ". . . injury by accident arising out of and in the course of the employment, and shall not include a disease in any form, except where it results naturally and unavoidably...

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