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Bursell v. General Electric Co.8/2/2005
expected, unusual, or untoward occurrences constituting an interruption of the work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences." Knight,160 N.C. App. at 545, 586 S.E.2d at 546.
III. Conclusion
In conclusion, we hold the Commission erred in concluding plaintiff failed to sustain an injury by accident where it found that the events giving rise to plaintiff's injury were sudden,abrupt, and unexpected by plaintiff, and made no findings regarding whether the events giving rise to plaintiff's injury were ordinary, routine, or in the course of normal business operations. The Commission also erred in finding that plaintiff was fired. We therefore reverse that portion of the opinion and award of the Commission finding that plaintiff was fired and concluding that he failed to show he sustained an injury by accident. Upon remand, the Commission should reconsider whether plaintiff has suffered an injury by accident by determining and making findings regarding whether the events giving rise to plaintiff's injury were a part of the normal work routine or an established sequence of operations. We affirm that portion of the opinion and award concluding that plaintiff failed to show he sustained an occupational disease.
Affirmed in part, reversed in part, and remanded.
Judges TIMMONS-GOODSON and BRYANT concur.
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