Volume 92 — North Carolina Court of Appeals Reports

1. Master and Servant 65.2 — workers' compensation — back injury — injury by accident or from specific traumatic incident A back injury claimant under the Workers' Compensation Act may proceed under the theory that he was injured by accident, that is, by an unlooked for and untoward event which was not expected or designed by the claimant, or he may prove that his injury arose from a specific traumatic incident. 2. Master and Servant 65.2 — workers' compensation — back injury — specific traumatic incident — definition — firefighter jumping on and off truck Through the 1983 amendment to N.C.G.S. <cross_reference>97-2</cross_reference>(6), the General Assembly did not intend to limit the definition of specific traumatic incident to an instantaneous occurrence; rather, events which occur contemporaneously, during a cognizable time period, and which cause a back injury, do fit the definition intended by the legislature. The Industrial Commission erred in concluding that claimant suffered no injury as a result of a specific traumatic incident where claimant presented evidence that he repeatedly jumped on and off fire trucks<page_number>Page 223</page_number> for a fifteen hour period, nine of those hours in full gear; he normally did not have to wear his gear for an extended period or jump on and off trucks; and though claimant could point to no specific instant in time when his back began to hurt, he could point to a series of contemporaneous events which could have caused his injury.

Appeal and Error 37 — failure to file settled record on appeal Plaintiff's appeal is dismissed for failure to file a properly settled record on appeal where the record was not agreed to and was filed before expiration of the 45-day period allowed by the trial judge for defendant to serve objections or file a counter-proposed record on appeal. Appellate Rules 11, 12(a) and 25.