Workers’ Compensation – Causation – Medical Testimony – Head Injury – Continued Symptoms

Kirkman v. N.C. Department of Public Safety (Lawyers Weekly No. 012-204-16, 14 pp.) (Linda Stephens, J.) Appealed from the Industrial Commission. N.C. App. Unpub.

Holding: While one physician’s assistant testified that plaintiff’s headaches and other symptoms were caused by her on-the-job head injury, the PA admitted that she made this assumption because the symptoms arose after the injury. The numerous doctors who testified declined to offer testimony, to a reasonable degree of medical certainty, that plaintiff’s symptoms were related to her on-the-job injury.

We affirm the Industrial Commission’s denial of benefits.