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Permanent Partial Disability

Jun 1, 2012

Workers’ Compensation – Permanent Partial Disability – Lump Sum Award – Diabetes Complications – Attendant Care Award – Reconsideration

Lewis v. N.C. Department of Correction Twenty years ago, plaintiff’s compensable post-traumatic stress disorder aggravated his diabetes, leading to permanent injury to multiple body parts and systems. Since (1) plaintiff’s condition has stabilized, (2) he has other sources of income, (3) he wishes to bring an end to the offset of his Social Security Disability benefits, (4) he needs h[...]

May 31, 2012

Workers’ Compensation – Permanent Partial Disability – Lump Sum Award – Diabetes Complications – Attendant Care Award – Reconsideration

Lewis v. N.C. Department of Correction Twenty years ago, plaintiff’s compensable post-traumatic stress disorder aggravated his diabetes, leading to permanent injury to multiple body parts and systems. Since (1) plaintiff’s condition has stabilized, (2) he has other sources of income, (3) he wishes to bring an end to the offset of his Social Security Disability benefits, (4) he needs h[...]

Sep 27, 2011

Workers’ Compensation – Election of Benefits – Permanent Partial Disability – Total Disability – MMI

Buckner v. North Carolina Department of Correction Plaintiff reached maximum medical improvement on Feb. 19, 2002 with a 21 percent permanent partial disability rating to his left leg; ordinarily, he would be entitled to recover 42 weeks of permanent partial disability compensation, totaling $16,288.02, under G.S. § 97-31(15). However, after Feb. 19, 2002, defendant paid plaintiff $141,1[...]

Sep 16, 2011

Workers’ Compensation – Average Weekly Wage – Termination of Benefits – Overpayment – Permanent Partial Disability – Credit

Thomas v. Richmond Yarns, Inc. Plaintiff had not worked for defendant for a full 52 weeks before his compensable injury. Defendant has gone out of business, and the records of a “similar” employee cannot be obtained. However, plaintiff’s actual wages are reflected in the Form 22 wage chart. Plaintiff’s average weekly wage is thus calculated by dividing his gross earnings provided [...]

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