GUNTER v. DAYCO CORP. (DAYCO-WAYNESVILLE)

No. 8410IC1.

324 S.E.2d 621 (1985)

Lee H. GUNTER, Employee Plaintiff, v. DAYCO CORPORATION (DAYCO-WAYNESVILLE) Employer, and National Union Fire Insurance Company Carrier Defendants.

Court of Appeals of North Carolina.

January 15, 1985.


Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by Donnell Van Noppen, III, Raleigh, for plaintiff-appellee.

Russell & Greene by J. William Russell, Asheville, for defendants-appellants.


EAGLES, Judge.

The plaintiff in this case was transferred by his employer to new duties that required more strenuous physical activity, different from the activity in his original position. He spent two days working with a training crew learning the new duties before he was injured the next morning. The resolution of this appeal depends on whether the Industrial Commission may find from these facts that the plaintiff was injured in an accident. We hold that the Industrial...

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