Byrd v. Farmers Federation Cooperative

132 S.E.2d 348, 260 N.C. 215, 1963 N.C. LEXIS 668

Opinion

Per Curiam.

The facts found by the Industrial Commission are supported by competent evidence. Therefore they are conclusive on appeal. McGinnis v. Finishing Plant, 253 N.C. 493, 117 S.E. 2d 490. The judge bellow enred in ruling “as a matter of law upon the facts found by the Industrial Commission that the plaintiff herein did suffer an injury iby 'accident as defined in G.S. 97-2(6),” 'and in remanding the case for entry of an award of compensation. An injury to the back from an herniated disc does not arise by accident if the employee at the time is merely carrying on his usual and customary duties in the usual way. Harding v. Thomas & Howard Co., 256 N.C. 427, 124 S.E. 2d 109; Turner v. Hosiery Mills, 251 N.C. 325, 111 S.E. 2d 185; Hensley v. Cooperative, 246 N.C. 274, 98 S.E. 2d 289.

Reversed.