Quantcast

Tag Archives: Parsons Presumption

Workers’ Compensation – Parsons Presumption — Causal Link – Disability – Medical Treatment (access required)

Carr v. DHHS The Parsons presumption — addressing whether additional medical treatment is related to a prior injury — may apply when plaintiff’s injury is wholly different from the one accepted on the Form 60. In this case, plaintiff proved her neck injury was causally related to her left hand injury and therefore compensable. However, the Industrial Commission failed to make findings that plaintiff made a reasonable effort to obtain alternative employment, or that to do so would be futile because of preexisting conditions; therefore, plaintiff’s disability ruling is remanded.

Read More »

Workers’ Compensation – Burden of Proof — Parsons Presumption – Causation – Knee Injury (access required)

Berthelot v. Mountain Area Health Education Center, Inc. Even though the Industrial Commission does not mention the burden of proof or Parsons v. v. Pantry, Inc., 126 N.C. App. 540, 485 S.E.2d 867 (1997), nothing in the Commission’s opinion and award reflects an improper shifting of the burden of proof, and defendants presented overwhelming evidence to rebut any presumption that the medical treatment and disability at issue were related to plaintiff’s compensable injury.

Read More »

Workers’ Compensation – Compensability – Parsons Presumption – Termination – FMLA Leave Exhausted (access required)

Johnson v. Americredit Corp. (Lawyers Weekly No. 11-08-0308, 9 pp.) (Linda Cheatham, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Bradley W. Houser. I.C. No. 969297. Holding: Defendants admitted the compensability of plaintiff’s knee injury but stopped paying her ...

Read More »