{
  "id": 8553572,
  "name": "KARL ALLEN LUTES, Employee v. EXPORT LEAF TOBACCO CO., Employer, LIBERTY MUTUAL INSURANCE CO., Carrier",
  "name_abbreviation": "Lutes v. Export Leaf Tobacco Co.",
  "decision_date": "1973-09-12",
  "docket_number": "No. 7321IC585",
  "first_page": "380",
  "last_page": "383",
  "citations": [
    {
      "type": "official",
      "cite": "19 N.C. App. 380"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "186 S.E. 2d 923",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1972,
      "opinion_index": 0
    },
    {
      "cite": "280 N.C. 721",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8573676,
        8573583,
        8573558,
        8573655,
        8573695
      ],
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/nc/280/0721-04",
        "/nc/280/0721-02",
        "/nc/280/0721-01",
        "/nc/280/0721-03",
        "/nc/280/0721-05"
      ]
    },
    {
      "cite": "185 S.E. 2d 597",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1971,
      "opinion_index": 0
    },
    {
      "cite": "13 N.C. App. 400",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8553695
      ],
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/13/0400-01"
      ]
    },
    {
      "cite": "155 S.E. 2d 157",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1967,
      "opinion_index": 0
    },
    {
      "cite": "270 N.C. 690",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8570183
      ],
      "year": 1967,
      "opinion_index": 0,
      "case_paths": [
        "/nc/270/0690-01"
      ]
    },
    {
      "cite": "110 S.E. 2d 898",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1959,
      "opinion_index": 0
    },
    {
      "cite": "251 N.C. 194",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8624262
      ],
      "year": 1959,
      "opinion_index": 0,
      "case_paths": [
        "/nc/251/0194-01"
      ]
    },
    {
      "cite": "98 S.E. 2d 289",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1957,
      "opinion_index": 0
    },
    {
      "cite": "246 N.C. 274",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8625913
      ],
      "year": 1957,
      "opinion_index": 0,
      "case_paths": [
        "/nc/246/0274-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 360,
    "char_count": 5530,
    "ocr_confidence": 0.569,
    "pagerank": {
      "raw": 8.594203391136844e-08,
      "percentile": 0.4896239124365938
    },
    "sha256": "9cd5c3c06b86f758975ab23a813c552a9c024ce35bef17e219b669fc22b8f004",
    "simhash": "1:55fb5abb788c50ee",
    "word_count": 919
  },
  "last_updated": "2023-07-14T21:32:34.966448+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Campbell and Vaughn concur."
    ],
    "parties": [
      "KARL ALLEN LUTES, Employee v. EXPORT LEAF TOBACCO CO., Employer, LIBERTY MUTUAL INSURANCE CO., Carrier"
    ],
    "opinions": [
      {
        "text": "HEDEICK, Judge.\nG.S. 97-2(18) a-e provides that in all claims for compensation for hernia resulting from injury by accident, the claimant must prove to the satisfaction of the Commission:\na. That there was an injury resulting in a hernia;\nb. That the hernia appeared suddenly;\nc. That it was accompanied by pain;\nd. That the hernia immediately followed an accident;\ne. That the hernia did not exist prior to the accident for which compensation is claimed.\nFailure to prove the existence of any one of the five elements of G.S. 97-2(18) a-e nullifies plaintiff\u2019s claim. Hensley v. Cooperative, 246 N.C. 274, 98 S.E. 2d 289 (1957); Faires v. McDevitt and Street Co., 251 N.C. 194, 110 S.E. 2d 898 (1959).\nPlaintiff argues that since the Commission concluded that there was an accident within the meaning of the statute and that since there was evidence the hernia appeared \u201csuddenly\u201d shortly thereafter, it was error for the Commission to find and conclude that the plaintiff did not suffer an injury by accident resulting in a hernia. This argument, and .plaintiff\u2019s claim, must fail simply because the Commission found and concluded that there was no causal connection between the \u201caccident\u201d and the hernia. The findings of the Commission when supported by any competent evidence are binding on appeal. Godwin v. Swift and Co., 270 N.C. 690, 155 S.E. 2d 157 (1967); Enroughty v. Industries, Inc., 13 N.C. App. 400, 185 S.E. 2d 597 (1971), cert. denied, 280 N.C. 721, 186 S.E. 2d 923 (1972). In the present case the material findings and conclusions of the Commission are supported by plenary competent evidence.'\nThe order appealed from is\nAffirmed.\nJudges Campbell and Vaughn concur.",
        "type": "majority",
        "author": "HEDEICK, Judge."
      }
    ],
    "attorneys": [
      "BilUngs and Graham by William T. Graham for plaintiff appellant.",
      "Deal, Hutchins and Minor by Richard Tyndall and Walter W. Pitt, Jr., for defendant a/ppellees."
    ],
    "corrections": "",
    "head_matter": "KARL ALLEN LUTES, Employee v. EXPORT LEAF TOBACCO CO., Employer, LIBERTY MUTUAL INSURANCE CO., Carrier\nNo. 7321IC585\n(Filed 12 September 1973)\nMaster and Servant \u00a7 65 \u2014 hernia \u2014 no causal connection to accident\nThere was competent evidence to support a determination by the Industrial Commission that, although there was an \u201caccident\u201d within the meaning of the Workmen\u2019s Compensation Act while plaintiff was lifting pipe because his usual work routine had been interrupted, there was no causal connection between such \u201caccident\u201d and plaintiff\u2019s hernia.\nAppeal by plaintiff from the decision and award of the N. C. Industrial Commission filed 10 April 1973.\nThis is a proceeding under the Workmen\u2019s Compensation Act.\nA claim was made by Karl Allen Lutes, employee of defendant corporation, for compensation under G.S. 97-2(18) a-e for a hernia allegedly sustained while working for defendant. This case was originally heard on 14 November 1972 before Deputy Commissioner Roney who filed an Opinion and Award denying the claim. Thereafter, plaintiff appealed to the Full Commission which adopted as its own the Opinion and Award of Deputy Commissioner Roney in its entirety. Deputy Commissioner Roney made findings of fact which are summarized as follows except where quoted:\n1. On 1 May 1972 plaintiff was involved in an operation which entailed the installation of 1800 feet of four-inch pipe. The pipe, which came in twenty-five foot lengths, was unloaded at the loading dock by the shipper and \u201ctransferred therefrom by forklift to an area in which claimant could weld studs thereto prior to installation.\u201d\n2. While engaged in this activity it became necessary for claimant to get between the pipe and the edge of the dock and lift and slide the pipe forward a short distance because of the inability of the forklift to reach a piece of pipe on the dock. This incident occurred at about 2:30 p.m.\n3. \u201cPrior to the end of the working day claimant noticed a dull toothache like pain and some swelling in his left lower abdomen.\u201d\n4. \u201cThe lifting and sliding incident described in Finding of Fact No. 2 is the occurrence that claimant maintains was the cause of the hernia. Said occurrence was not accompanied by pain.\u201d\n5. On 2 May 1972 plaintiff was examined in the emergency room of Forsyth Memorial Hospital and a left side inguinal hernia was discovered by the examining physician. On 9 May 1972 claimant was admitted to Forsyth Memorial Hospital and upon this admission Lutes related a history of having gotten out of bed on 1 May 1972 to discover a toothache-like pain and swelling in his left side. On 10 May 1972, a left inguinal hemio-plasty was performed on claimant.\nFrom the foregoing findings of fact Deputy Commissioner Roney concluded among other things that:\n\u201cThe circumstances of being called upon to install 1,800 feet of 25' x 4\" x Vs\" pipe with studs for the first time and of having to lift and slide a piece of this pipe because the forklift could not reach it were circumstances which constituted an interruption of claimant\u2019s usual routine of work, thereby establishing an accident. (Citation omitted.) Claimant failed to prove, however, that the occurrence of lifting and sliding, which was occasioned by having to work with the pipe and the inability of the forklift to reach the pipe, caused an injury which resulted in a hernia. (Citation omitted.)\n* * *\nClaimant\u2019s claim must fail because there has been a failure of proof that there was an injury by accident resulting in a hernia, that there was an injury accompanied by pain, and that the hernia did not preexist the lifting and sliding of the pipe.\u201d\nFrom the decision denying recovery plaintiff appeals.\nBilUngs and Graham by William T. Graham for plaintiff appellant.\nDeal, Hutchins and Minor by Richard Tyndall and Walter W. Pitt, Jr., for defendant a/ppellees."
  },
  "file_name": "0380-01",
  "first_page_order": 404,
  "last_page_order": 407
}