Nations v. Western Carolina University, I.C. NO. W73584.

55-year-old plaintiff employed as a housekeeper for defendant-employer since 1997; January 19, 2010 injury lifting a mop bucket in a cramped, cluttered third-floor janitor's closet; injury diagnosed as right shoulder rotator cuff tear with impingement; underwent surgery March 24, 2010 and remained out of work; defendant-funded short-term disability benefits May 23–Oct 17, 2010 totaling $5,016.88; medical treatment ongoing as of hearing; plaintiff returned to work October 18, 2010 with restrictions not aligning with pre-injury duties; award includes temporary total disability (TTD) and credits against benefits; attorney’s fee unresolved pending fee agreement.
Stipulations include industrial commission jurisdiction, employment relationship on January 19, 2010, self-insured employer with Corvel TPA, and average weekly wage $521.89 producing a rate of $347.94.
Defendant denied the claim as non-accidental; full commission granted modified award with credit for short-term disability benefits.
Evidence admitted includes letters regarding short-term disability payments and supplemental disability coverage.
Findings establish an interruption of the plaintiff’s routine work with unusual conditions in a cramped closet, contributing to injury.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the injury was a compensable accident arising out of employment	Plaintiff (last name) asserts accident arising out of and in course of employment.	Defendant contends no accidental event; injury not within scope.	Yes, compensable accident arising out of employment.
Whether plaintiff was disabled as a result of the injury	Plaintiff contends disability prevented wage earning after injury.	Defendant disputes ongoing disability.	Plaintiff entitled to temporary total disability from March 19 to October 17, 2010.
What benefits are payable and how credits apply	Plaintiff seeks wage-replacement and medical benefits.	Defendant argues credit against benefits and limits on medical costs.	TTD at $347.94/week; credit for short-term disability benefits (May 23–Oct 17, 2010); medical expenses payable; fees TBD; costs awarded.
Whether attorney's fee is determinable at this stage	Plaintiff’s counsel's fee to be set.	Fee to be determined after fee agreement.	Attorney’s fee not determined pending filing of fee agreement.

Henry v. A.C. Lawrence Leather Co., 231 N.C. 477, 57 S.E.2d 760 (1950) (North Carolina Supreme Court 1950) (burden to show injury by accident arising out of and in course of employment)
Adams v. Burlington Indust., Inc., 61 N.C. App. 258, 300 S.E.2d 455 (1983) (North Carolina Court of Appeals 1983) (interruption of routine with unusual conditions required)
Demery v. Perdue Farms, Inc., 143 N.C. App. 259, 545 S.E.2d 485 (2001) (North Carolina Court of Appeals 2001) (production burdens for proving disability)
Russell v. Lowes Product Distrib., 108 N.C. App. 762, 425 S.E.2d 454 (1993) (North Carolina Court of Appeals 1993) (disability defined as loss of wage-earning capacity)
Hilliard v. Apex Cabinet Co., 305 N.C. 593, 290 S.E.2d 682 (1982) (North Carolina Supreme Court 1982) (prima facie evidence of disability and burden shifting)