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Tag Archives: Industrial Commission

Workers’ Compensation – Average Weekly Wage – Deputy Sheriff – State Fair – Unofficial Employee Loan (access required)

Denning v. N.C. Department of Agriculture. Apparently without an official agreement, the Wake County Sheriff's Office lent deputy sheriffs to defendant to provide security at the annual state fairs. Plaintiff suffered a broken wrist while providing security at the 2007 state fair. Using the fifth statutory method to determine plaintiff's average weekly wage, the Industrial Commission calculates plaintiff's wage based upon his hourly wage.

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Workers’ Compensation – Causation – Credibility – Back Injury – Conflicting Accounts – Delayed Report (access required)

Velazquez v. Collins Landscaping & Tree Service. (Lawyers Weekly No. 10-08-1045, 5 pp.) (Staci T. Meyer, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Ronnie E. Rowell. I.C. No. 995252. Holding: Plaintiff gave conflicting histories to his medical providers, ...

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Workers’ Compensation – Occupational Disease – Findings of Fact – Causal Connection – G.S. § 97-53(13) (access required)

Spruill v. N.C. Dept of Agriculture. Plaintiff's job at the Tidewater Research Center kept him outside most of the time, and he was often exposed to ticks, especially while maintaining ditch banks and fence lines to keep deer away from crops. The commission's findings of fact were sufficient to support its conclusion that the plaintiff developed Lyme disease as a result of his occupational exposure to ticks. Accordingly, the commission correctly concluded that the plaintiff contracted an occupational disease.

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Workers’ Compensation – Causation – Shoulder Injury – Later Neck Pain – Degenerative Condition (access required)

Steen v. Triad International Maintenance Corp. (Lawyers Weekly No. 10-08-0994, 12 pp.) (Laura Kranifeld Mavretic, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Bradley W. Houser. I.C. No. 839303. Holding: Despite undergoing shoulder exams that involved his neck, plaintiff ...

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Workers’ Compensation – Job Termination – Insubordination – Additional Benefits (access required)

Grajales v. Ferguson Design, Inc. (Lawyers Weekly No. 10-08-0973, 6 pp.) (Linda Cheatham, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Robert Wayne Rideout Jr. I.C. No. 196935. Holding: Even though plaintiff suffered a compensable injury to his spleen, ...

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Workers’ Compensation – Aggravation of Pre-Existing Condition – Apportionment – Medical Expenses – Speculation (access required)

Burroughs v. Laser Recharge of Carolinas, Inc. (Lawyers Weekly 10-16-0932, 9 pp.) (John C. Martin, Ch.J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The Industrial Commission did not err in finding that the plaintiff’s compensable injury aggravated his ...

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