Ledford v. Ingles Markets, Inc. (Lawyers Weekly No. 012-081-16, 10 pp.) (Richard Dietz, J.) Appealed from the Industrial Commission. N.C. App. Unpub.
Holding: Even if “U-Scan Clerk” positions are not listed on the defendant-grocery chain’s website, evidence in the record shows that, although the position is housed under the general heading of “cashier,” the U-Scan Clerk position (which involves managing multiple self-checkout stations) is not “make-work” but is a distinct, genuine position within the company available to regular applicants.
We affirm the Industrial Commission’s denial of further benefits.
Plaintiff challenges the Commission’s Finding of Fact 22, arguing that it is “contrary to all of the medical records as well as the FCE [functional capacity examination] itself.” But since all Finding of Fact 22 does is accurately quote portions of the FCE report, Finding of Fact 22 is supported by competent evidence.
Plaintiff also argues that she needed to be able to sit and stand as needed, that the U-Scan Clerk position would not permit her to do that, and that the position requires clerks to help customers with heavy items, which plaintiff could not do. However, the store manager testified that the U-Scan Clerk could use a chair or stool as needed and that the only required lifting was paper towels and glass cleaner weighing less than two pounds total. Furthermore, plaintiff’s doctor reviewed the U-Scan Clerk job analysis document and approved the position for plaintiff. Thus, the record supports the Commission’s finding that the physical requirements of the position were within plaintiff’s physical restrictions.