McFalls v. Ingles Markets, Inc. Holding: Plaintiff has not seen his spine specialist since 2008, and doctors he has seen more recently have found that his on-the-job back injury would not prevent him from returning to work. Nevertheless, the spine specialist testified that, without surgery, plaintiff would be unable to return to work. Plaintiff has not had surgery; therefore, the spine specialist’s testimony supports the Industrial Commission’s determination that plaintiff remains totally disabled.

Tagged with: medical evidence Temporary Total Disability 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

Thompson v. STS Holdings, Inc. A plaintiff who was injured while working a contract job for one of several employers is entitled to only $30 per week in temporary total disability compensation. Plaintiff was an Airframe and Power Plant Mechanic (A&P mechanic) who worked contract jobs in the airline maintenance industry for various employers. STS Holdings, Inc. (STS) is a company specializing in providing contract aviation technicians to the aerospace industry.

Tagged with: Average Weekly Wage Temporary Total Disability Workers Compensation

James v. Carolina Power & Light The Industrial Commission did not err by ordering reinstatement of a plaintiff's temporary total disability benefits but did err in (1) calculating her average weekly wage and (2) limiting medical care authorized to that received by the plaintiff on or after a certain date. An employee's "average weekly wages" are computed pursuant to G.S. § 97-2(5), which sets forth, in preferential order, five methods by which such calculation may be made.

Tagged with: Average Weekly Wage Temporary Total Disability Workers Compensation

Carroll v. Triangle Grading. (Lawyers Weekly No. 10-08-0998, 7 pp.) (Staci T. Meyer, Commissioner) On remand from the Court of Appeals. I.C. No. 501837. Holding:  Because the plaintiff was employed with defendant-employer for a period of less than 52 weeks, ...

Tagged with: Average Weekly Wage disability Temporary Total Disability Workers Compensation