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Tag Archives: occupational disease

Workers’ Compensation – Occupational Disease – Bicipital Tenosynovitis – Expert Witnesses – Physician & Ergonomist

Baker v. Flowserve Corp. Although there was conflicting evidence as to how much weight plaintiff’s job required him to lift and how repetitively he used tools, plaintiff’s evidence was sufficient to show that his job placed him at an increased risk of developing bicipital tenosynovitis and that the job caused the condition. We affirm the deputy commissioner’s award of benefits.

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Workers’ Compensation – Average Weekly Wage – Occupational Disease

Johnson v. Covil Corp. The Industrial Commission's determination of a plaintiff's death benefit must be reversed as erroneous and the case remanded for more specific findings as to why the first method of calculation of G.S. § 97-2(5) would be unjust and for a recalculation of the plaintiff's benefit. Accordingly, this matter will be reversed and remanded.

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Workers’ Compensation – Occupational Disease – Chemical Exposure – Insufficient Showing – Post-Renovation Testing

Huffman v. Moore County. (Lawyers Weekly No. 10-07-1216, 32 pp.) (Sam Ervin IV, J.) Appealed from the Industrial Commission. N.C. App. Click here for the full text of the opinion. Holding: Even though plaintiffs argue that the testing done on ...

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

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 – Occupational Disease – Rotator Cuff Tear – Ergonomic Expert – Co-Worker’s Performance

Smith v. Valley Proteins. (Lawyers Weekly No. 10-16-0717, 17 pp.) (Sanford L. Steelman Jr., J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Since the evaluation of an occupational disease hinges on the characteristics of the particular job, and ...

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Workers’ Compensation – Causation – Occupational Disease – Rotator Cuff Tear – Ergonomic Expert – Co-Worker’s Performance

Smith v. Valley Proteins. Since the evaluation of an occupational disease hinges on the characteristics of the particular job, and not on the manner in which a claimant performs that job, it is irrelevant that the ergonomic expert watched a co-worker - and not plaintiff himself - performing the plaintiff's job. [...]

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