North Carolina Lawyers Weekly
Ellison v. Dana Corp. (Lawyers Weekly No. 12-16-0498, 17 pp.) (Martha A. Geer, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Full-text opinion.
Holding: Even though there may be some evidence of a change of condition, the record supports the Industrial Commission’s determination that there was insufficient evidence of a new condition or that plaintiff’s current condition was causally connected to her July 30, 2004 work-related specific traumatic incident.
We affirm the Commission’s denial of benefits and its denial of plaintiff’s motion to recuse certain commissioners.
The bases for plaintiff’s recusal motion were a withholding of discovery, a “deal” between her former attorney and the Commission, and bias against her. After a thorough review of the record, we can find no evidence to support any of these bases.
