Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Most Important Opinions / Workers’ Compensation – ‘Accident’ – Industrial Saws – Normal Use – Shoulder Injury

Workers’ Compensation – ‘Accident’ – Industrial Saws – Normal Use – Shoulder Injury

Allsbrook v. Illinois Tool Works/Wilsonart (Lawyers Weekly No. 14-16-0312, 16 pp.) (Mark Davis, J.) Appealed from the Industrial Commission. N.C. App. Unpub.

Holding: Of the defendant-employer’s two saws, plaintiff used the older one less often; however, using the older saw was a normal part of plaintiff’s job. Since the more strenuous pushing and pulling and the awkward positions that were required to use the older saw were a normal part of plaintiff’s job, and since he suffered a shoulder injury while performing these normal duties, plaintiff’s shoulder injury is not compensable as an “injury by accident” under the Workers’ Compensation Act.

We affirm the Industrial Commission’s denial of benefits.

 


Leave a Reply

Your email address will not be published. Required fields are marked *

*