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Tag Archives: Injury by Accident

Workers’ Compensation – Injury by Accident – Copier Repair – No Chair Available – Knee Injury – Short-Term Disability – No Credit (access required)

Lancaster v. Ikon Office Solutions When repairing a copier, plaintiff usually sat in a chair and used the chair to pull himself up if he had to lie on the floor to do repair work. On April 12, 2010, no chair was available, and plaintiff walked around on his knees on a concrete floor to repair a copier. When he pushed himself up from the floor, without the assistance of a chair, plaintiff heard and/or felt his left knee pop and strain, and he experienced left knee pain, thereby sustaining a compensable injury by accident arising out of and in the course of his employment.

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Workers’ Compensation – Injury by Accident – Unusual Circumstance – Disability – Termination – Job Search (access required)

Salomon v. Oaks of Carolina Even though under-staffing had become the norm, such that nursing assistants like plaintiff often had to move patients on their own, in this case, the circumstances were unusual because the patient pushed back as plaintiff tried to move him. We affirm the Industrial Commission’s determination that plaintiff’s injury was compensable. However, we reverse and remand for further findings as to the issue of plaintiff’s temporary total disability.

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Workers’ Compensation – Injury by Accident – Knee Injury – Running Up Stairs – Emergency Response (access required)

Holsworth v. N.C. Department of Correction. (Lawyers Weekly No. 10-08-1080, 11 pp.) (Victoria M. Homick, Deputy Commissioner) I.C. No. W26295. Holding: Prison emergencies were too infrequent for plaintiff’s response to them to become a regular part of her job. Therefore, ...

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