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Home / Courts / Workers’ Compensation – Election of Benefits – Permanent Partial Disability – Total Disability – MMI (access required)

Workers’ Compensation – Election of Benefits – Permanent Partial Disability – Total Disability – MMI (access required)

Buckner v. North Carolina Department of Correction Plaintiff reached maximum medical improvement on Feb. 19, 2002 with a 21 percent permanent partial disability rating to his left leg; ordinarily, he would be entitled to recover 42 weeks of permanent partial disability compensation, totaling $16,288.02, under G.S. § 97-31(15). However, after Feb. 19, 2002, defendant paid plaintiff $141,162.84 in total disability compensation. Defendant is entitled to a credit for the total disability compensation paid after plaintiff reached maximum medical improvement; thus, plaintiff is not entitled to compensation under § 97-31(15). We affirm the deputy commissioner’s denial of permanent partial disability benefits.

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