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HOLCOMB v. PEPSI COLA CO.

No. COA97-257.

494 S.E.2d 609 (1998)

Jerry Allen HOLCOMB, Employee, Plaintiff, v. PEPSI COLA CO., Employer, Defendant; and Lumbermens Mutual Casualty, Carrier, Defendant.

Court of Appeals of North Carolina.

January 6, 1998.

Attorney(s) appearing for the Case

Smith and Welborn by Franklin Smith, Elkin, for plaintiff-appellant.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P. by L. Kristin King, Charlotte, for defendant-appellee.

GREENE, Judge.

Jerry Allen Holcomb (plaintiff) appeals from an Opinion and Award of the North Carolina Industrial Commission (Commission) denying him workers' compensation benefits.

The facts are as follows: On 20 April 1994, the plaintiff suffered a neck strain and shoulder injury as he was carrying five or six cases of canned drinks on a hand truck up a set of stairs. Pepsi Cola Company (defendant) accepted the injuries as compensable under workers' compensation...

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