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Tag Archives: Permanent Partial Disability

Workers’ Compensation – Permanent Partial Disability – Lump Sum Award – Diabetes Complications – Attendant Care Award – Reconsideration (access required)

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 help to pay off his mortgages and other debts, and (5) he recognizes that his longevity is “somewhat impaired,” the Industrial Commission finds that this is an unusual case and that it would be in plaintiff’s best interest for his permanent partial disability benefits to be paid in a lump sum.

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Workers’ Compensation – Permanent Partial Disability – Lump Sum Award – Diabetes Complications – Attendant Care Award – Reconsideration (access required)

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 help to pay off his mortgages and other debts, and (5) he recognizes that his longevity is “somewhat impaired,” the Industrial Commission finds that this is an unusual case and that it would be in plaintiff’s best interest for his permanent partial disability benefits to be paid in a lump sum.

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Workers’ Compensation – Election of Benefits – Permanent Partial Disability – Total Disability – MMI (access required)

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 $141,162.84 in total disability compensation. Defendant is entitled to a credit for the total disability compensation paid after plaintiff reached maximum medical improvement; thus, plaintiff is not entitled to compensation under § 97-31(15). We affirm the deputy commissioner’s denial of permanent partial disability benefits.

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Workers’ Compensation – Average Weekly Wage – Termination of Benefits – Overpayment – Permanent Partial Disability – Credit (access required)

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 on the Form 22 wage chart by the number of weeks and parts thereof during which plaintiff earned wages.

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