Workers’ Compensation – Injury by Accident – Unusual Circumstances – Refrigerator Delivery – Narrow Staircase

Barnette v. Lowe’s Home Centers, Inc. (Lawyers Weekly No. 011-134-16, 16 pp.) (Linda Stephens, J.) Appealed from the Industrial Commission. N.C. App.

Holding: According to the Industrial Commission’s findings of fact, plaintiff’s right arm went numb while he and a co-worker were delivering a refrigerator up a stairway that was narrower than usual, the refrigerator wouldn’t fit through a turn in the stairway, and plaintiff and his co-worker had to immediately return down the stairs with the refrigerator – without the break they usually had at the top of the stairs before taking the old refrigerator down. Based on its findings of fact, the Commission erred when it concluded that plaintiff “failed to show that his right arm condition resulted from a fortuitous event, an interruption of his work routine, or an unusual task….”

We reverse the Commission’s denial of benefits and remand for a determination of the benefits to which plaintiff is entitled.