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Tag Archives: knee injury

Workers’ Compensation – Conference Attendee – Laser Tag Event – Knee Injury – ‘Arising out of’ – Injury by Accident – Disability (access required)

Holliday v. Tropical Nut & Fruit Co. (Lawyers Weekly No. 15-07-0810, 30 pp.) (Mark Davis, J.) Appealed from the Industrial Commission. N.C. App. Holding: Since attendance at a laser tag event was mandatory for the defendant-employer’s conference attendees, and the ...

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Workers’ Compensation – Injury by Accident – Copier Repair – No Chair Available – Knee Injury – Short-Term Disability – No Credit (access required)

Lancaster v. Ikon Office Solutions When repairing a copier, plaintiff usually sat in a chair and used the chair to pull himself up if he had to lie on the floor to do repair work. On April 12, 2010, no chair was available, and plaintiff walked around on his knees on a concrete floor to repair a copier. When he pushed himself up from the floor, without the assistance of a chair, plaintiff heard and/or felt his left knee pop and strain, and he experienced left knee pain, thereby sustaining a compensable injury by accident arising out of and in the course of his employment.

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Workers’ Compensation – Causation – Knee Injury — Back & Psychological Conditions (access required)

Haithcox v. Flynt Amtex, Inc. Plaintiff showed that she suffered a compensable knee injury, but surgery repaired the problem, and plaintiff failed to show a causal connection between her work-related injury and her continued complaints of knee pain, her new complaints of back pain, or her psychological problems.

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Workers’ Compensation – Burden of Proof — Parsons Presumption – Causation – Knee Injury (access required)

Berthelot v. Mountain Area Health Education Center, Inc. Even though the Industrial Commission does not mention the burden of proof or Parsons v. v. Pantry, Inc., 126 N.C. App. 540, 485 S.E.2d 867 (1997), nothing in the Commission’s opinion and award reflects an improper shifting of the burden of proof, and defendants presented overwhelming evidence to rebut any presumption that the medical treatment and disability at issue were related to plaintiff’s compensable injury.

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Workers’ Compensation – Average Weekly Wage – Calculation Method – Causation – Back Pain – Knee Injury (access required)

Holden v. Brickey Acoustical, Inc. Although the Industrial Commission used the language of method three under G.S. § 97-2(5) nearly verbatim when it set out its calculation of plaintiff's average weekly wage, the commission failed to compute plaintiff's average weekly wage in accordance with that method.

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Workers’ Compensation – Injury by Accident – Knee Injury – Running Up Stairs – Emergency Response (access required)

Holsworth v. N.C. Department of Correction. (Lawyers Weekly No. 10-08-1080, 11 pp.) (Victoria M. Homick, Deputy Commissioner) I.C. No. W26295. Holding: Prison emergencies were too infrequent for plaintiff’s response to them to become a regular part of her job. Therefore, ...

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Workers’ Compensation – Medical Benefits – Knee Injury – Future Replacement – Discovery Violations (access required)

Innes v. Kmart/Sears Holdings Corp. (Lawyers Weekly No. 10-08-0788, 6 pp.) (Laura Kranifeld Mavretic, Commissioner) Appealed from Opinion & Award of Deputy Commissioner George R. Hall III. I.C. 234063. Holding: Although plaintiff has managed her knee pain with a brace ...

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