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Tag Archives: Causation

Tort/Negligence – Personal Injury – Damages – Medical Expenses – Stipulation – Causation – Civil Practice – Offer of Judgment – Expenses (access required)

Martin v. OSI Restaurant Partners, LLC Even though the parties stipulated “that the past medical expenses of Plaintiff in this case total $110,000.00,” the parties did not stipulate that those expenses were a result of defendants’ negligence. Since defendants presented evidence that only some of those expenses arose out of the accident in defendants’ restaurant, the evidence supports the jury’s award of $5,500 in damages.

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Workers’ Compensation – Causation – Left Ankle – Successive Injuries (access required)

Holmes v. Carolina Services of Fayetteville Plaintiff reached maximum medical improvement from his Sept. 19, 2003 compensable left ankle injury by Sept. 10, 2007 and accepted benefits for a 12 percent permanent impairment of the ankle. Plaintiff’s current left foot and ankle condition results from an April 8, 2009 motorcycle accident in which he sustained a severe open grade III left ankle fracture-dislocation.

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Workers’ Compensation – Causation – Pre-Existing Depression – Aggravation — Left Knee Injury – Right Knee Pain (access required)

Krutch v. Wake Medical Center After plaintiff’s pre-existing depression was worsened by her Oct. 8, 2004 knee injury, her primary psychiatrist noted on June 6, 2008 that her mood was good, stable and better than it had been in years. Although plaintiff had subsequent episodes of depression, she failed to show that those episodes were causally related to her Oct. 8, 2004 injury. We affirm the Industrial Commission’s award of benefits for plaintiff’s right-knee condition and for the aggravation of her depression between Oct. 8, 2004 and June 6, 2008.

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Workers’ Compensation – Disability – Release to Work – Causation – Neck Pain (access required)

Everett v. Danny’s Mobile Home Service After Oct. 17, 2007, plaintiff had reached maximum medical improvement, was not taken out of work by any medical provider, did not substantially cooperate with vocational rehabilitation services provided to assist him in finding suitable employment, and did not put forth a reasonable effort to seek suitable employment on his own, even though he was capable of performing work with restrictions. Therefore, plaintiff is not entitled to disability compensation after Oct. 17, 2007.

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Workers’ Compensation – Causation – Tenosynovitis & Carpal Tunnel Syndrome -Repetitive Motion Job (access required)

Allen v. HBD Industries Defendant’s witnesses lacked the experience of plaintiff’s witnesses in the way plaintiff’s job was performed, especially by plaintiff, since cerebral palsy had left him with only 20 percent strength in his left hand. Based on the testimony of plaintiff’s witnesses, plaintiff’s job required repetitive use of his right hand. We affirm the deputy commissioner’s award of benefits.

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Workers’ Compensation – Causation – Shoulder & Neck Conditions – Altercation With Intruder – Notice to Employer (access required)

Smith v. Wake County Government (Lawyers Weekly No. 11-08-0905, 12 pp.) (Danny Lee McDonald, Commissioner) (Christopher Scott, Commissioner, dissenting without a written opinion) Appealed from Opinion & Award of Deputy Commissioner Bradley W. Houser. I.C. No. W60926. Holding: Plaintiff’s altercation with an intruder constituted an interruption of plaintiff’s regular work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences. However, plaintiff failed to show that his subsequently-treated neck and shoulder conditions were caused by the altercation. Plaintiff’s claim for workers’ compensation benefits is denied.

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Workers’ Compensation – Ankle Injury – Release to Work – Subsequent Complaints – Causation (access required)

Workman v. Major Contractors Inc. Plaintiff suffered a compensable injury when his ankle was pinned by an overturned golf cart at work; however, after he recuperated from surgery, he was able to work, and he admits he left a 60-hour per week job because of injuries he sustained in a motorcycle accident. Plaintiff failed to show that he is entitled to further temporary total disability benefits; however, he is entitled to permanent partial disability compensation for the 10 percent permanent impairment of his right foot.

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Workers’ Compensation – Causation – Shoulder & Neck Conditions – Altercation With Intruder – Notice to Employer (access required)

Smith v. Wake County Government Plaintiff’s altercation with an intruder constituted an interruption of plaintiff’s regular work routine and the introduction thereby of unusual conditions likely to result in unexpected consequences. However, plaintiff failed to show that his subsequently-treated neck and shoulder conditions were caused by the altercation. Plaintiff’s claim for workers’ compensation benefits is denied.

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Workers’ Compensation – Causation – Knee Injury — Back & Psychological Conditions (access required)

Haithcox v. Flynt Amtex, Inc. Plaintiff showed that she suffered a compensable knee injury, but surgery repaired the problem, and plaintiff failed to show a causal connection between her work-related injury and her continued complaints of knee pain, her new complaints of back pain, or her psychological problems.

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Workers’ Compensation – Burden of Proof — Parsons Presumption – Causation – Knee Injury (access required)

Berthelot v. Mountain Area Health Education Center, Inc. Even though the Industrial Commission does not mention the burden of proof or Parsons v. v. Pantry, Inc., 126 N.C. App. 540, 485 S.E.2d 867 (1997), nothing in the Commission’s opinion and award reflects an improper shifting of the burden of proof, and defendants presented overwhelming evidence to rebut any presumption that the medical treatment and disability at issue were related to plaintiff’s compensable injury.

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