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Tag Archives: Back Injury

Workers’ Compensation – Credibility – Back Injury – Beach Conference (access required)

Kyazimova v. Southeastern Heart & Vascular Center Plaintiff claimed that she told a co-worker about her back pain shortly before a continuing medical conference in Myrtle Beach, but the co-worker denied plaintiff’s claim. Moreover, plaintiff claimed that, at the conference, her back pain restricted her to her room. Photos from plaintiff’s company-owned phone showed her enjoying the beach, and credit card receipts showed purchases at several retail outlet stores in Myrtle Beach during the conference.

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Workers’ Compensation – Disability – Back Injury – No Work Restrictions – Defendants’ Filing Delay (access required)

Blakeney v. Blythe Construction, Inc. After plaintiff drove a heavy roller machine into a fuel truck - at a low speed, resulting in no damage to either vehicle - plaintiff sought medical attention and was prescribed medication for a back strain. However, none of his doctors imposed work restrictions; therefore, plaintiff failed to prove any disability resulting from his work-related accident. We affirm the Industrial Commission’s denial of benefits after Jan. 25, 2008 for plaintiff’s Nov. 14, 2007 injury.

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Workers’ Compensation – Back Injury – Temporary Partial Disability Benefits (access required)

Lipscomb v. Mayflower Vehicle Systems We cannot affirm an award of temporary total disability benefits for a plaintiff who injured his back while working as a “floater” for defendant trucking company since we cannot determine how the Industrial Commission mathematically determined the amount of plaintiff’s temporary partial disability payments, the commission’s findings regarding this matter are not supported by competent evidence, and the commission’s conclusions are not supported by the findings. We reverse in part, vacate and remand in part, and affirm in part.

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Workers’ Compensation – Disability – Futility – Back Injury – Medical Evidence (access required)

Adams v. Parts Unlimited Where plaintiff proved disability by “the production of evidence that he is capable of some work but that it would be futile because of preexisting conditions, i.e., age, inexperience, lack of education, to seek other employment,” Russell v. Lowes Product Distribution, 108 N.C. App. 762, 425 S.E.2d 454 (1993), plaintiff was not required to also produce medical evidence that he physically or mentally incapable of work in any employment. We affirm the Industrial Commission’s award of ongoing temporary total disability and medical benefits.

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Workers’ Compensation – Nurse – Back Injury – Data Entry Position – Suitable – Constructive Refusal – Poor Performance – Hip Injury – Unrelated (access required)

Lockard v. Chapel Hill Rehabilitation Center Even though plaintiff's pay was high for a data entry position, it was a necessary position for the defendant-employer and within plaintiff's medical restrictions. When plaintiff was suspended from the data entry position for poor performance, she constructively refused suitable work.

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Workers’ Compensation – Back Injury – Disability – G.S. § 97-47 (access required)

Colvin v. Wake County Plaintiff's surgeon testified that plaintiff's back surgery was "more likely than not related to [plaintiff's] January 1, 2007, work-related injury," and the surgeon said multiple times that plaintiff was "not capable of any kind of work" as a result of his back injuries. The surgeon provided bases for both opinions, and these opinions were competent evidence to support the Industrial Commission's findings that plaintiff's surgery was related to his compensable injury and that he remained temporarily totally disabled.

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Workers’ Compensation – Neck & Back Injury – Credibility – Bus Driver – Minor Collision – Medical Testimony (access required)

Garner v. Capital Area Transit. The plaintiff-bus driver's only medical evidence came from a doctor who relied on plaintiff's version of the collision of two buses, one of which rolled a few feet back and bumped plaintiff's stationary bus. Plaintiff's version of the accident . . .

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