Workers’ Compensation – Temporary Total Disability – Medical Evidence – 2008 Opinion – More Recent Exams – Different Doctors

McFalls v. Ingles Markets, Inc. (Lawyers Weekly No. 12-16-0617, 9 pp.) (Ann Marie Calabria, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Full-text opinion.

Holding: Plaintiff has not seen his spine specialist since 2008, and doctors he has seen more recently have found that his on-the-job back injury would not prevent him from returning to work. Nevertheless, the spine specialist testified that, without surgery, plaintiff would be unable to return to work. Plaintiff has not had surgery; therefore, the spine specialist’s testimony supports the Industrial Commission’s determination that plaintiff remains totally disabled.

We affirm the Commission’s award of temporary total disability.