The Industrial Commission based its determination of plaintiff’s credibility on her treating physicians’ belief in her credibility (along with confirmation from objective testing). Although the physicians expressed concern that plaintiff had not revealed that she suffered from psychological issues before ...

Tagged with: credibility

Brewer v. First Stop Core & Battery, LLC (Lawyers Weekly No. 012-162-17, 10 pp.) (John Arrowood, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Even though a witness’s text message indicates that she saw plaintiff fall at work, ...

Tagged with: credibility

Trudel v. TCI Architects/Engineers/Contractor (Lawyers Weekly No. 012-143-16, 10 pp.) (Richard Dietz, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Given the changes plaintiff made in the date and description of his purported on-the-job accident, as well as ...

Tagged with: credibility

Keaton v. ERMC III (Lawyers Weekly No. 012-128-16, 17 pp.) (Linda Stephens, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Although the deputy commissioner did not believe plaintiff when he testified that he did not hear his supervisor ...

Tagged with: credibility

Collins v. Seaton Corp. (Lawyers Weekly No. 15-16-0376, 9 pp.) (Douglas McCullough, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The Industrial Commission’s findings show that it considered the testimony of plaintiff’s treating physician; however, since the physician’s ...

Tagged with: credibility

Lowe v. Branson Automotive (Lawyers Weekly No. 15-07-0351, 21 pp.) (Rick Elmore, J.) Appealed from the Industrial Commission. N.C. App. Holding: Plaintiff’s doctors testified that his prior back problems – which plaintiff had failed to tell them about – would ...

Tagged with: credibility pre-existing condition

Yang v. Holder (Lawyers Weekly No. 14-01-1031, 30 pp.) (King, J.) No. 13-1682, Oct. 29, 2014; On Petition for Review; 4th Cir. Holding: The 4th Circuit grants a Chinese native’s petition for review of Board of Immigration Appeals decisions affirming ...

Tagged with: credibility immigration

Bass v. Harnett County (Lawyers Weekly No. 14-16-0952, 13 pp.) (Linda Stephens, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Even though some parts of a co-worker’s testimony might have supported plaintiff’s claim that she injured her neck ...

Tagged with: credibility Neck Injury

Ritchie v. Ritchie Even though the defendant-husband presented evidence that he made $94,929 in post-separation payments towards marital debts, it was within the trial court’s province to believe or disbelieve the husband’s evidence.

Tagged with: Alimony credibility Domestic Relations equitable distribution Marital Debt

King v. Capital of Cary The only evidence regarding how plaintiff injured his back and neck consists of the account given by plaintiff and the statements of others that are based on plaintiff’s account. Once the Industrial Commission rejected that account, no evidence remained indicating that plaintiff sustained his injury in a work-related accident.

Tagged with: Back Injury credibility Workers Compensation