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Home / Courts / Workers’ Compensation – Disability – Commission’s Conclusions — Russell Factors (access required)

Workers’ Compensation – Disability – Commission’s Conclusions — Russell Factors (access required)

Thompson v. Carolina Cabinet Co. In concluding that plaintiff is disabled, the Industrial Commission seems to have combined the first and third prongs from Russell v. Lowes Product Distrib., 108 N.C. App. 762, 425 S.E.2d 454 (1993). We remand for clarification as to whether plaintiff proved disability by “(1) the production of medical evidence that he is physically or mentally, as a consequence of the work related injury, incapable of work in any employment” or “(3) the production of evidence that he is capable of some work but that it would be futile because of preexisting conditions, i.e., age, inexperience, lack of education, to seek other employment,” neither or both. Remanded.

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