WYNN, Judge.
Plaintiff, Herman W. Gibbs, worked as a janitor for defendant, Leggett & Platt, Inc. Over the course of ten months, he developed swelling and discoloration in his right shoulder which was diagnosed as the result of a "spontaneous" tear of the rotator cuff. Plaintiff filed a claim seeking recovery for an occupational disease pursuant to N.C.G.S. § 97-53(13), arguing that his injury occurred as a result of his operation of a power sweeper. Both...
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