Kyazimova v. South. Heart and Vascular Center, I.C. NO. W39360.

Plaintiff, a physician's assistant, began working for Defendant-Employer in 2002 and has a pre-existing back condition with prior surgeries and multiple treatments dating back to 1993.
On August 12, 2009, Plaintiff worked at Moses Cone Medical Center in the morning and at Wesley Long Hospital in the afternoon, caring for a patient.
Plaintiff sent multiple emails the evening of August 12, 2009 reporting back injury and inability to work, and was later written out of work by Dr. Stern from August 13 to August 27, 2009.
Plaintiff filed an Industrial Commission Form 18 on August 27, 2009 alleging a back injury on the morning of August 12, 2009.
Defendant-Carrier and Plaintiff provided conflicting statements, with witnesses contradicting Plaintiff’s account of a single traumatic incident; the medical record showed no objective evidence of an acute traumatic event.
The Full Commission reversed Deputy Commissioner Donovan, concluding Plaintiff failed to prove a compensable specific traumatic incident in the course of employment on August 12, 2009.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Plaintiff proved a compensable specific traumatic incident on August 12, 2009.	Plaintiff asserts a discrete work incident caused her back injury.	Defendant contends no specific traumatic incident occurred and pre-existing conditions explain pain.	No, the incident is not proven by the greater weight of the evidence.

Harvey v. Raleigh Police Dep't, 96 N.C. App. 28 (North Carolina Court of Appeals, 1989) (burden of proof in workers' compensation cases)
Gaddy v. Kern, 17 N.C. App. 680 (North Carolina Court of Appeals, 1973) (requires convincing evidence of compensable traumatic incident)