 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Bursell v. General Electric Co.8/2/2005
s findings are deemed abandoned. N.C. R. App. P. 28(a) (2005). Therefore, we examine the Commission's findings in this case to determine whether they support the Commission's conclusions of law that plaintiff failed to sustain a compensable mental injury or occupational disease in the course of his employment. We first consider whether plaintiff has shown that he suffered a compensable injury by accident arising out of and in the course of his employment.
A. Injury by Accident
Under the Workers' Compensation Act ("the Act"), a mental or psychological illness may be a compensable injury if it has occurred as a result of an "accident" arising out of and in the course of the claimant's employment. See Jordan v. Central Piedmont Community College, 124 N.C. App. 112, 118-19, 476 S.E.2d 410, 414 (1996) (stating that, " e cannot conclude that mental injuries by accident are not covered under the Act when we have clearly awarded workers' compensation for mental conditions as occupational diseases"), disc. review denied, 345 N.C. 753, 485 S.E.2d 53 (1997). The claimant bears the burden of proving the existence of an accident. Pitillo, 151 N.C. App. at 645, 566 S.E.2d at 811. An injury does not arise by accident " f anemployee is injured while carrying on his usual tasks in the usual way[.]" Gunter v. Dayco Corp., 317 N.C. 670, 673, 346 S.E.2d 395, 397 (1986). "An accidental cause will be inferred, however, when an interruption of the work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences occurs." Id. To be an accident, the incident must have been for the employee an "unlooked for and untoward event." Cody v. Snider Lumber Co., 328 N.C. 67, 70, 399 S.E.2d 104, 106 (1991); see also Pitillo, 151 N.C. App. at 645, 566 S.E.2d at 811 (stating that an accident involves "'an unlooked for and untoward event which is not expected or designed by the person who suffers the injury'" involving "'the interruption of the routine of work and the introduction thereby of unusual conditions likely to result in unexpected consequences.'") (quoting Calderwood v. Charlotte-Mecklenburg Hosp. Auth., 135 N.C. App. 112, 115, 519 S.E.2d 61, 63 (1999), disc. review denied, 351 N.C. 351, 543 S.E.2d 124 (2000)).
In Pitillo, this Court held that the Commission's findings of fact supported its conclusion that the plaintiff had failed to show a compensable mental injury. The Pitillo plaintiff alleged she suffered a nervous breakdown and stress-induced anxiety after meeting with her supervisor regarding a performance review. The Commission found the plaintiff had initiated the meeting, themeeting was not out of the ordinary, and everyone involved was treated courteously. Specifically, the Commission found that "the discussion was a routine, problem-solving meeting;" that " othing in this meeting was different from other meetings to discuss performance evaluations;" and that " he meeting to discuss plaintiff's job performance evaluation was requested by plaintiff and was an ordinary incident of employment." Pitillo, 151 N.C. App. at 646, 566 S.E.2d at 811-12. Based on these findings, the Commission concluded the meeting could not be considered an "unlooked for or untoward event" or an interruption of the work routine so as to be considered an "accident" under the Act.
Similarly, in Knight v. Abbott Laboratories, 160 N.C. App. 542, 586 S.E.2d 544 (2003), the Commission denied a mental injury claim by a plaintiff who allegedly developed post-traumatic stress disorder and recurrent major depression after an argument with her supervisor. The Commission found that the plaintiff had initiated the meeting with her supervisor and that "the confrontation . . . did not cons
Page 1 2 3 4 5 6 7 North Carolina Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|