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Tag Archives: disability

Workers’ Compensation – Subject Matter Jurisdiction – New York Job – N.C. Contract – Disability – Job Search (access required)

Anderson v. Butler International, Inc. Even though plaintiff was hired to work in New York, the employment contract was formed in North Carolina when defendant telephoned plaintiff at his home in North Carolina, offered plaintiff the job, and plaintiff accepted. Therefore, the N.C. Industrial Commission has jurisdiction over plaintiff’s workers’ compensation claim.

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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 – Disability – Job Search – Anxiety Disorder (access required)

Rosenberger v. City of Raleigh Where two defense witnesses testified regarding specific jobs that they believed were suitable for plaintiff in light of his age, education, work experience, and physical restrictions, this evidence was sufficient to meet defendants’ burden to rebut the presumption of continuing disability. We affirm the Industrial Commission’s termination of benefits.

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Workers’ Compensation – Disability – Inability to Find Work – Job Performance – No Work Restrictions (access required)

McCall v. P.H. Glatfelter Co. Where the Industrial Commission found that the injured plaintiff was assigned no work restrictions, that she performed her job post-injury for two and a half years until the plant closed, and that she found work with other employers that ended for reasons unrelated to her compensable injury, the Commission’s findings of fact do not support its conclusion that plaintiff was disabled because of her compensable injury. We reverse the Commission’s award of temporary total disability benefits. Plaintiff is entitled to receive compensation for the permanent partial disability of her left thumb, but no more.

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Workers’ Compensation – Employee – Statutory Definition – Agency — Apparent Authority to Hire – Disability (access required)

Campos-Brizuela v. Rocha Masonry, L.L.C. The employee that defendant put in charge of its worksite had apparent authority to hire plaintiff, given his authority to direct workers on the site, his responsibility for dealing with other contractors, and his responsibility for equipment on the worksite. We affirm the Industrial Commission’s award of benefits.

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Workers’ Compensation – Disability – Wrongful Termination – Attorney’s Fees – Penalty (access required)

Hawkins v. A & M Auto Body, Inc. Although defendant apparently fired plaintiff for filing a valid workers’ compensation claim, and although plaintiff has been unable to find another job, plaintiff stipulated that his compensable injury did not prevent him from working; therefore, plaintiff is not disabled and is not entitled to temporary total disability benefits. We reverse the Industrial Commission’s award of benefits and remand.

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Workers’ Compensation – Disability – Back Injury – Medical Opinions – Evaulation (access required)

Leovao v. Pike Electric, Inc. Plaintiff fell from a height of 10 to 15 feet, fracturing five ribs and injuring his neck and back. Although defendants have not accepted plaintiff’s neck and back injuries as compensable in this claim, they have not contended that either condition is unrelated to the compensable accident, nor did they preserve any such issue in the pre-trial agreement.

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Workers’ Compensation – Disability – Job Search – Reasonableness – Truck Driver (access required)

Franklin v. Broyhill Furniture Industries When a truck driver has limited his job search to truck-driving positions, before the Industrial Commission can conclude the truck driver is disabled, the Commission must make findings and conclusions explaining why the limitation on his job search was reasonable. We affirm in part but reverse and remand on the issue of disability. Defendant argues that, when relying on an unsuccessful job search to prove disability, a claimant must produce evidence and the Commission must find that he unsuccessfully searched for employment in fields other than the one in which he was employed at the time he was injured. We disagree.

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Insurance – Disability – ‘Any Employment’ – Tort/Negligence – Negligent Misrepresentation (access required)

Cobb v. Pennsylvania Life Insurance Co. The disability insurance policy provided to the plaintiff-landscaper explained that he would not be considered disabled if he could engage in “any employment”; since plaintiff had a duty to read the policy, he cannot prove that he reasonably relied on any alleged misrepresentation made by the defendant-insurance agent. We affirm summary judgment for defendants.

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Workers’ Compensation – Asbestosis – Disability – Other Causes – Lung Damage – Exposure (access required)

Fewell v. Charlotte Mecklenburg Board of Education Where plaintiff was disabled by causes other than her compensable asbestosis, she need not be “removed” from a position that causes harmful exposure to the hazards of asbestos; therefore, she is not entitled to 104 weeks of compensation under G.S. § 97-61.5. Plaintiff is entitled to compensation under G.S. § 97-31(24) in the amount of $20,000, or $10,000 per lung. Defendant shall also pay for all related medical expenses.

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