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Tag Archives: Causation

Workers’ Compensation – Causation – Dermatitis – Disability – Insufficient Findings (access required)

Tincher v. Adecco The Industrial Commission’s conclusion that plaintiff’s dermatitis was a compensable occupational disease is supported by its assessment of the credibility of the expert witnesses and its finding of fact: “Based on the sudden onset of plaintiff’s rash after he commenced work on the older lathe in November 2007, the location of the rash in the area where plaintiff’s skin was exposed to [Quakercool 3750], the prompt reporting of the rash to a supervisor ..., plaintiff’s consultation with a medical care provider on February 2, 2007 regarding his symptoms, the lack of any evidence that the rash was fungal or that plaintiff suffered from similar symptoms prior to his exposure to [Quakercool 3750] ..., the general opinions of Dr. Highley and Ms. Reynolds, the fact that [other doctors] restricted plaintiff from working with the ‘offending substance,’ and Dr. Lawson’s opinion that plaintiff’s dermatitis was ‘probably related to [Quakercool 3750],’ the undersigned finds that plaintiff’s work-related exposure to the industrial coolant either caused or significantly contributed to his chronic dermatitis on both hands beginning approximately on November 1, 2007.”

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Workers’ Compensation – Causation – Expert Testimony – Probability (access required)

Brewer v. Oaks of Carolina Even though the doctor could not testify to a certainty that plaintiff's shoulder injury was caused by an incident at work, the doctor did agree that it was more likely than not, if the assumptions set out by plaintiff's counsel were true. Since the Industrial Commission found that those assumptions were true, the doctor's testimony was sufficient to prove causation.

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Workers’ Compensation – Average Weekly Wage – Calculation Method – Causation – Back Pain – Knee Injury (access required)

Holden v. Brickey Acoustical, Inc. Although the Industrial Commission used the language of method three under G.S. § 97-2(5) nearly verbatim when it set out its calculation of plaintiff's average weekly wage, the commission failed to compute plaintiff's average weekly wage in accordance with that method.

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Workers’ Compensation – Causation – Insufficient Showing – Credibility – Back Condition (access required)

Smith v. Guy C. Lee Building Materials The Industrial Commission did not find plaintiff's testimony about his alleged back injuries to be credible, and none of plaintiff's doctors said his back condition was related to his falls at work. Therefore, the commission did not err when it denied plaintiff's claim for workers' compensation benefits.

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Workers’ Compensation – Causation – Statute of Limitations – Notice – Timeliness – Credit (access required)

White v. Charles T. Hall Law Firm. (Lawyers Weekly No. 11-08-0317, 12 pp.) (Commissioner Bernadine S. Ballance) Appealed from Opinion & Award of Deputy Commissioner John B, DeLuca. I.C. No. 976386. Holding: Plaintiff showed that her upper extremity symptoms were ...

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Workers’ Compensation – Statute of Limitations – Findings of Fact – Conclusions of Law – Causation (access required)

Busque v. Mid-America Apartment Communities. (Lawyers Weekly No. 11-07-0203, 19 pp.) (John C. Martin, Ch.J.) Appealed from the Industrial Commission. N.C. App. Click here for the full text of the opinion. Holding: Where the Industrial Commission’s findings of fact fully ...

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