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Tag Archives: apportionment

Workers’ Compensation – Total Disability – Medical Evidence – Apportionment

Rawls v. Yellow Roadway Corp. In an interlocutory opinion, the Industrial Commission said, “The evidence of record is insufficient to determine whether plaintiff was able to work after June 22, 2007.” Thereafter Dr. Ewert examined plaintiff and opined, “I don’t believe [plaintiff is] competitively employable,” and Dr. Manning opined, “The severity of [plaintiff’s] neuropsychological impairment would preclude any form of gainful employment.” After reviewing this new evidence, along with the evidence already in the record, the Commission ruled that plaintiff had been continuously unable to work since Feb. 24, 2005. We are not persuaded by defendants’ argument that the Commission made this ruling based only on the testimonies of Dr. Ewert and Dr. Manning.

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Workers’ Compensation – Aggravation of Pre-Existing Condition – Apportionment – Medical Expenses – Speculation

Burroughs v. Laser Recharge of Carolinas, Inc. (Lawyers Weekly 10-16-0932, 9 pp.) (John C. Martin, Ch.J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The Industrial Commission did not err in finding that the plaintiff’s compensable injury aggravated his ...

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