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Workers’ Compensation – Occupational Disease – Temporary Total Disability Benefits
Newnam v. New Hanover Regional Medical Center The Industrial Commission erred in finding the plaintiff entitled to an award of temporary total disability benefits, as she did not meet her burden of proving disability.
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 their workplace occurred after the workplace was renovated, the record shows that at least some […]
Workers’ Compensation – Occupational Disease – G.S. § 97-53(13) – Findings of Fact
Garcia v. HuffBo, LLC (Lawyers Weekly No. 10-16-1018, 6 pp.) (Donna S. Stroud, J. Appealed from the Industrial Commission. N.C. App. Unpub. Click here for the full text of the opinion. Holdings: The Industrial Commission failed to find that plaintiff’s job making biscuits for seven hours a day increased her risk of developing carpal tunnel […]
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 occupationa[...]
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 not on the manner in which a claimant performs that job, it is irrelevant that […]
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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