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CURTIS v. CAROLINA MECHANICAL SYSTEMS, INC.

No. 7727IC385.

244 S.E.2d 690 (1978)

Garnett Frank CURTIS, Employee, Plaintiff, v. CAROLINA MECHANICAL SYSTEMS, INC., Employer, National Surety Insurance Co. (Fireman's Fund) Carrier, Defendants.

Court of Appeals of North Carolina.

June 6, 1978.

Attorney(s) appearing for the Case

Eubanks & Villegas by Daniel S. Walden, Winston-Salem, for plaintiff-appellant.

Hedrick, Parham, Helms, Kellam & Feerick by Philip R. Hedrick, Charlotte, for defendants-appellees.

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...

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