In Havird, the employee suffered from varicose veins which were exacerbated by standing in a stationary position during his job as a masseuse. Havird underwent surgery. His surgeon warned him that standing in one place without much movement was bad for people with varicose veins, and he needed to stay off his feet as much as possible. However, the employee returned to work and later filed a workers’ compensation claim when his condition worsened. The Court of Appeals determined this was not an injury by accident as his vascular disease was not aggravated by unexpected or excessive exertion in the performance of his duties or by unusual and extraordinary conditions in his employment, but it was the natural and expected result of working the job that was performed while standing.
In Landry v. Carolinas Healthcare Systems, the records reported the finding that Landry’s injury was not unexpected. She knew she had the bunion condition before she went to work for Carolinas Healthcare, and she had been warned by a doctor that her condition would worsen if she continued to stand on her feet for long periods of time. She admitted she knew prolonged standing would worsen her bunion condition.