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Tag Archives: disability

Workers’ Compensation – Disability – Burden of Proof – Total vs. Partial – Suitable Position (access required)

Harrell v. Edgecombe County Public Schools Plaintiff showed that, after her injury, she did not earn the same wages she had earned before her injury. Such proof only showed partial disability, and plaintiff received the 300 weeks of temporary partial disability benefits to which she was entitled, plus permanent partial disability benefits.

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Workers’ Compensation – Disability – Modified Position – Unsuitable – Maximum Medical Improvement – Election of Benefits – Unemployment Compensation Credit (access required)

Sellers v. McArthur Supply Even though the employer modified plaintiff’s position to allow him to work within his restrictions, the employer considered heavy lifting – which plaintiff was no longer able to do – to be a job requirement. The modified position was not suitable employment for plaintiff.

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Workers’ Compensation – Disability – Insufficient Findings – Unsuitable Position Offer – Medical Treatment (access required)

Solomon v. NC State Veterans Nursing Home-FayettevilleWhere plaintiff’s medical evidence showed that she had been released to work with restrictions, it was insufficient to prove disability under the medical evidence prong of Russell v. Lowes Product Distribution, 108 N.C. App. 762, 425 S.E.2d 454 (1993).

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Workers’ Compensation – Parsons Presumption — Causal Link – Disability – Medical Treatment (access required)

Carr v. DHHS The Parsons presumption — addressing whether additional medical treatment is related to a prior injury — may apply when plaintiff’s injury is wholly different from the one accepted on the Form 60. In this case, plaintiff proved her neck injury was causally related to her left hand injury and therefore compensable. However, the Industrial Commission failed to make findings that plaintiff made a reasonable effort to obtain alternative employment, or that to do so would be futile because of preexisting conditions; therefore, plaintiff’s disability ruling is remanded.

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Workers’ Compensation – Disability – Symptom Magnification – Surveillance (access required)

Rumfelt v. N.C. Baptist Hospital Plaintiff insists on using a cane when she knows she is being watched, but surveillance footage shows her walking with neither a cane nor a limp and carrying items with both hands. No doctor has taken her out of work. Despite her use of a cane during her functional capacity evaluation, she was shown capable of sedentary work.

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Workers’ Compensation – Disability – Termination – Constructive Refusal of Suitable Work – Worsened Condition – Surgical Consult (access required)

Brindis v. Prestage Foods, Inc. Plaintiff suffered compensable back injuries in 2006 and 2007. He was fired on June 26, 2007 for accumulating too many safety violations; at the time of his termination, plaintiff failed to wear safety glasses as required. Plaintiff was fired for reasons unrelated to his workers’ compensation injuries and for which a non-injured employee would have been terminated. Therefore, plaintiff constructively refused suitable work.

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Workers’ Compensation – Disability – Return to Work – Modified Position – Unrelated Conditions – No Apportionment – Futility (access required)

Parrish v. Durham Regional Hospital Even though, after his compensable back injury, plaintiff returned to work for five years, the defendant-employer had to make many modifications to the job to accommodate plaintiff’s disability. The job was so modified that it would not have been available on the competitive job market and did not accurately reflect plaintiff’s wage-earning capacity.

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Workers’ Compensation – Disability – Return to Work – 14 Months – Performance (access required)

Edwards v. Southern Maintenance of Haywood County Even though plaintiff returned to work for 14 months after his on-the-job accident, he was unable to fully perform his heavy construction job, and there are other factors that would make it futile for him to look for a new job. We affirm the Industrial Commission’s award of temporary total disability benefits.

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Workers’ Compensation – Injury by Accident – Unusual Circumstance – Disability – Termination – Job Search (access required)

Salomon v. Oaks of Carolina Even though under-staffing had become the norm, such that nursing assistants like plaintiff often had to move patients on their own, in this case, the circumstances were unusual because the patient pushed back as plaintiff tried to move him. We affirm the Industrial Commission’s determination that plaintiff’s injury was compensable. However, we reverse and remand for further findings as to the issue of plaintiff’s temporary total disability.

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