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 ...

Tagged with: knee injury Workers Compensation

Haithcox v. Flynt Amtex, Inc. Where a forensic psychiatrist testified that interviewing third parties was a common practice in her field, the Industrial Commission could consider her testimony under N.C. R. Evid. 703.

Tagged with: evidence Expert Testimony knee injury Workers Compensation

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.

Tagged with: Injury by Accident knee injury Workers Compensation

Rose v. N.C. Department of Correction Plaintiff’s back pain developed several weeks after he fell and injured his knee at work. This time lag does not bar plaintiff’s recovery of workers’ compensation benefits for his back injury.

Tagged with: back pain knee injury Workers’ Compensation

Rose v. N.C. Department of Correction Plaintiff’s back pain developed several weeks after he fell and injured his knee at work. This time lag does not bar plaintiff’s recovery of workers’ compensation benefits for his back injury.

Tagged with: back pain knee injury Workers’ Compensation

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.

Tagged with: Causation knee injury Workers’ Compensation

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.

Tagged with: burden of proof Causation knee injury Parsons Presumption Workers’ Compensation

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.

Tagged with: Average Weekly Wage back pain Causation knee injury

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, ...

Tagged with: Injury by Accident knee injury Workers Compensation

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 ...

Tagged with: discovery discovery violations knee injury medical benefits Workers Compensation