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Tag Archives: maximum medical improvement

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 – Findings of Fact – Preexisting Conditions – Maximum Medical Improvement – Incapacity to Earn – Burden of Proof (access required)

Harrell v. General Electric. (Lawyers Weekly No. 11-16-0040, 11 pp.) (Robert C. Hunter, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Click here for the full text of the opinion. Holding:  The commission did not err when it based ...

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Workers’ Compensation – “Make-Work” – Proffered Job – Employee Refusal – Maximum Medical Improvement (access required)

Nobles v. Coastal Power & Electric Inc. Even though the position offered to plaintiff was not always filled, it had been intermittently filled in the past. Where plaintiff had at times been required to drive farther than 60 miles to work in his previous position, there was evidence to support the Industrial Commission's determination that plaintiff's refusal of the position was not based on its distance from his home; rather, plaintiff refused the position because he would not have a company vehicle in the new position. We affirm the commission's denial of temporary total disability benefits past plaintiff's maximum medical improvement date.

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Workers’ Compensation – Maximum Medical Improvement – Back Injury – Conflicting Opinions (access required)

Ollis v. SGL Carbon, LLC.(Lawyers Weekly No. 10-08-1043, 5 pp.) (Bernadine S. Ballance, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Robert W. Rideout Jr. I.C. No. 310055. Holding: Even though Dr. Del Curling, hired by defendant to give ...

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