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RICHARDS v. TOWN OF VALDESE

No. 8810IC368.

374 S.E.2d 116 (1988)

James A. RICHARDS, Employee-Plaintiff v. TOWN OF VALDESE, Employer-Defendant, Self Insured to The Municipal Trust, (Administered by Hewitt, Coleman and Associates), Carrier-Defendant.

Court of Appeals of North Carolina.

December 6, 1988.

Attorney(s) appearing for the Case

Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin by C. Scott Whisnant, Morgantown, for plaintiff-appellant.

Hedrick, Eatman, Gardner & Kincheloe by Scott M. Stevenson and Howard M. Widis, Charlotte, for defendant-appellee.

ARNOLD, Judge.

N.C.G.S. § 97-2(6), as amended in 1983, defines injury under the Workers' Compensation Act as follows:

Injury.—"Injury and personal injury" shall mean only 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 from the accident. With respect to back injuries, however, where injury to the back arises out of and in the course...

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