Workers’ Compensation – Compensable Injury – Disability Compensation

Plaintiff was not entitled to disability compensation since he did not conduct a reasonable job search after he was medically released.

We affirmed the North Carolina Industrial Commission’s opinion and award.

Plaintiff appealed from the North Carolina Industrial Commission’s opinion and award denying his claims for temporary total disability benefits after June 28, 2021. Plaintiff contended the Commission erred in concluding that defendant, his employer Wake County Public School System and the Department of Public Instruction, successfully rebutted plaintiff’s disability, and the Commission erred in failing to conclude plaintiff was not at maximum medical improvement for his compensable injury.

The Commission found that plaintiff reached maximum medical improvement on January 12, 2021 and has a 5% permanent partial impairment rating as a result of the injury. The Commission also found that plaintiff had permanent work restrictions of only occasional standing and walking, and the physical demands of the head custodian position exceeded these work restrictions based on the job description as well as plaintiff’s testimony that “he was required to stand or walk for roughly seven hours each day.” The Commission further found that plaintiff did not refuse suitable employment by not returning to his job that was outside his work restrictions but that he did not conduct a reasonable job search from January 12, 2021 to 28 June 28, 2021. The Commission also found that suitable jobs were available for plaintiff, and he was capable of getting one.

The Commission’s conclusion that plaintiff was not entitled to disability compensation from 12 January 2021 to 28 June 2021 is supported by the finding that plaintiff did not conduct a reasonable job search after he was medically released. While plaintiff met his burden of showing disability after June 28, 2021, the Commission concluded defendant “met its burden of proving that there are suitable jobs available to plaintiff, taking into account his physical and vocational limitations, and that he would be capable of obtaining sought employment.” This conclusion of law is supported by the Commission’s finding the same.

Finally, the Commission’s conclusion that defendant “is entitled to a credit for any overpayment of temporary total disability compensation paid to plaintiff after January 12, 2021” is supported by its finding that plaintiff was not entitled to benefits after January 12, 2021.

Affirmed.

Fenty v. Wake County Public School System/North Carolina Department of Public Instruction (Lawyers’ Weekly No. 012-109-24, 12 pp.) (John Arrowood, J.) Appealed from the North Carolina Industrial Commission. Hardison & Cochran, PLLC, by J. Adam Bridwell, for plaintiff-appellant; Attorney General Joshua H. Stein, by Special Deputy Attorney General Matthew E. Buckner, for defendant-appellee. North Carolina Court of Appeals Unpublished