An employee for The Fresh Market, Inc., filed a workers’ compensation claim after a box of cheese he was moving was heavier than normal and caused an injury. His employer argued that it was part of his job, he argued that it was unusual and unexpected given his normal work routine.

Dennis Doran had worked for the store for nine weeks as a cheese specialist after being transferred from his position as a deli clerk. On July 3^rd, 2015 he walked into the cooler to unload boxes of cheese from a delivery. A large box of cheese was located on the bottom of the pallet and did not have a weight printed on it. Doran, believing the box was lighter than it actually was, picked up the box to place on the shelf and as he was maneuvering felt a snap and sharp pain in his right shoulder and arm. He was diagnosed with a proximal biceps tear, torn rotator cuff and impingement with AC arthrosis. This required surgery, injections and physical therapy. Mr. Doran suffered a partial loss in wage earning capacity and maintains a fifteen percent permanent partial disability in his right arm.

He claimed he had never lifted a box of cheese over twenty pounds, most of the boxes weighed between five and fifteen pounds. He claimed the box that caused the injury was the heaviest thing he had ever lifted in his position. The box weighed approximately 40pounds. The written job description said a cheese specialist would be required to lift between 0 and 10 pounds frequently, and occasionally lift more than 50 pounds. He had not seen that written description at the time of his injury and said it did not match his job in practice.

His supervisor testified that every 6 to 8 weeks a shipment was made weighing between 35 to 40 pounds, and it could have been the very first time Doran encountered this shipment. It was determined that by lifting this heavy box he was not carrying on his usual tasks in the usual way when the injury occurred.

Initially his employer denied the benefits, and Mr. Doran appealed. The court determined that the accident occurred in “unusual conditions likely to result in unexpected consequences”. He did not typically encounter a box of that weight, and was not expecting such a heavy box or an accident to result from lifting such a heavy box. They reasoned that new conditions of employment are not a part of a worker’s “regular course of procedure” until that employee becomes accustomed to performing the task in those conditions.

The North Carolina Court of Appeals determined he was eligible for benefits.

Check out the full decision here.