Terry v. Harris Teeter Supermarkets (Lawyers Weekly No. 17-491-1, 8 pp.) (Richard Dietz, J.) Appealed from N.C. Industrial Commission. N.C. App. Unpub. Holding:  Employee-plaintiff works as a meat cutter at a Harris Teeter supermarket.  He suffers from Guillain-Barre syndrome, a ...

Tagged with: occupational disease

Breath v. OrthoCarolina (Lawyers Weekly No. 012-012-16, 17 pp.) (John Tyson, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Plaintiff’s doctor could not say whether plaintiff’s bursitis arose from “an acute diagnosis or something that buil[t] up over ...

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Seamon v. Ingersoll Rand (Lawyers Weekly No. 15-07-0022, 29 pp.) (Rick Elmore, J.) Appealed from the Industrial Commission. N.C. App. Holding: Where there was competent evidence that plaintiff suffered from a bilateral peripheral vascular disorder condition, that such a condition ...

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Bentley v. Revlon, Inc. (Lawyers Weekly No. 14-16-0358, 19 pp.) (Chris Dillon, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: When plaintiff’s expert witness neither remembered plaintiff’s job duties nor had them recorded in his notes, the Industrial ...

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Lentz v. Phil’s Toy Store It is true that the statute of limitations on an occupational disease claim does not start to run against a plaintiff until he is advised by competent medical authority of the work-related cause of his disease. Nevertheless, the Industrial Commission has subject matter jurisdiction over a plaintiff’s occupational disease claim even if he files it before he has obtained such advice.

Tagged with: occupational disease

Waters v. Schenker Logistics, Inc. Defendants contend there was not competent evidence to support the Industrial Commission’s finding that plaintiff’s job requires repetitive lifting at chest or shoulder height.

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Phelps v. Stabilus Plaintiff produced three expert witnesses who testified to a reasonable degree of medical certainty that plaintiff’s workplace exposure to hexavalent chromium increased her risk of contracting lung cancer and that her lung cancer was caused by smoking and exposure to hexavalent chromium. Such testimony supported the Industrial Commission’s findings of increased risk and causation; these findings supported the Commission’s conclusion that plaintiff’s lung cancer was causally related to her chemical exposure.

Tagged with: Expert Testimony Insurance occupational disease Workers Compensation

Harrell v. Palace Entertainment Holdings, Inc. It was up to the Industrial Commission to decide how much weight to give plaintiff’s testimony about his exposure to sodium hypochlorite; moreover, plaintiff failed to present any expert testimony that his single exposure to bleach placed him at an increased risk of developing reactive airways dysfunction syndrome.

Tagged with: Insufficient Evidence occupational disease Workers Compensation

Williams v. City of Wilmington A plaintiff’s carpal tunnel syndrome and “trigger finger” were compensable occupational diseases pursuant to G.S. § 97-53(13) since the commission’s relevant findings are supported by the evidence in the record.

Tagged with: occupational disease Temporary Total Disability Workers’ Compensation

Smith v. Preformed Line Products Co. Every job plaintiff performed for the defendant-employer for 11 years involved hand/arm movement with her neck in a downward flexed position, and she constantly turned her head from left to right to watch her work, as she looked down. Through her medical providers, plaintiff showed that her work subjected her to unusual conditions, which caused or aggravated the degeneration of the discs in her neck. Plaintiff is entitled to temporary total disability benefits for her occupational disease.

Tagged with: occupational disease Termination Workers’ Compensation