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Tag Archives: Temporary Total Disability

Workers’ Compensation – Temporary Total Disability – Medical Evidence – 2008 Opinion – More Recent Exams – Different Doctors (access required)

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.

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Workers’ Compensation – Temporary Total Disability – Average Weekly Wage (access required)

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.

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Workers’ Compensation – Temporary Total Disability – Average Weekly Wage – Authorized Medical Care (access required)

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.

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Workers’ Compensation – Average Weekly Wage – Temporary Total Disability – Disability – Insufficient Proof (access required)

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, ...

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