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Apr 24, 2018

Workers’ Compensation – Credibility – Doctors’ Opinions – Depression Aggravation

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 her slip and fall at work, their testimony nevertheless shows that the doctors found plain[...]

Oct 23, 2017

Workers’ Compensation – Credibility – Witness’s Text Message – Doctor’s Opinion

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, we cannot reconsider the weight the Industrial Commission gave to this piece of evidence alongside […]

Jul 12, 2016

Workers’ Compensation – Credibility – Shoulder Injury – Slip & Fall on Roof – Causation

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 problems with his only corroborating witness’ story, the record supports the Industrial Commission’s determinatio[...]

Jun 15, 2016

Workers’ Compensation – Credibility – ‘Arising out of’ – Supervisor’s Instructions – Regular Duties – Broken Ankle – Shoulder Condition

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 tell him not to touch a dangling light fixture, on appeal the Industrial Commission found […]

Apr 29, 2015

Workers’ Compensation — Credibility – Doctor’s Opinion

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 opinion was based on the story plaintiff told about injuring himself at work – a […]

Apr 21, 2015

Workers’ Compensation — Credibility – Causation – Pre-Existing Condition – Back Pain

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 have been key factors in their determination as to what was causing plaintiff’s current back […]

Nov 6, 2014

Immigration — Shaky Credibility Different from ‘Misrepresentation’

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 denial of his various applications for relief from deportation; the BIA erred by affirming a […]

Oct 14, 2014

Workers’ Compensation — Causation – Neck Condition – Co-Worker’s Testimony – Plaintiff’s Credibility

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 at work, the Industrial Commission could rely on the co-worker’s recounting of the events at […]

Sep 11, 2012

Domestic Relations – Equitable Distribution – Marital Debt – Credibility – Alimony – Amount & Duration

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.

Aug 14, 2012

Workers’ Compensation – Back Injury – Credibility

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.

Aug 9, 2012

Criminal Practice – Constitutional – Double Jeopardy — Sexual Assault & Kidnapping – Restraint –Expert Witness — Credibility

State v. Martin Where defendant restrained the victim solely for the purpose of committing sexual assaults and strangulation, the restraint operated as an inherent part of the sexual offenses and the strangulation and cannot satisfy the restraint element of kidnapping.

Jul 17, 2012

Workers’ Compensation – Causation – Credibility – Disability – Insufficient Showing

Hutchens v. Lee Where there were differences in the histories plaintiff gave to the two doctors who testified, it was up to the Industrial Commission to choose which doctor to believe. We may not second-guess the Commission on this point.

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