Anders v. Universal Leaf North America
2017 N.C. App. LEXIS 323
| N.C. Ct. App. | 2017Background
- Anders, a seasonal employee, suffered an admitted compensable bilateral inguinal hernia on Nov. 20, 2010 while working for Universal Leaf; defendants filed a Form 60 admitting compensability.
- Anders was terminated on Nov. 29, 2010 under Universal Leaf’s absentee policy after accruing occurrences; employer had an established workers’ compensation procedure.
- Dr. Vire repaired Anders’ bilateral hernias on Mar. 22, 2011; defendants paid some indemnity and medical benefits, with last indemnity payment Apr. 8, 2011 and last medical payment Jan. 19, 2012.
- Anders later had recurrent hernias treated in 2013–2014 (right repaired June 6, 2013; left repaired Sept. 24, 2014) and sought additional medical and indemnity benefits via Form 33 filed Jan. 27, 2014.
- The Industrial Commission found Anders had healed from the 2011 repairs, that defendants’ last payments occurred in 2011–2012, that Anders failed to prove post-termination wage loss or permanent organ loss, and denied additional medical and indemnity benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether additional medical compensation is barred by the 2-year limit in N.C. Gen. Stat. § 97-25.1 | Anders argued the limitations period should be tolled or restarted by a hypothetical future indemnity award tied to ongoing disability | Defendants argued the limitations period runs from their last actual payment of medical or indemnity benefits and bars Anders’ claim | Held: § 97-25.1 bars Anders’ medical claim because Form 33 was filed more than two years after defendants’ last actual payments (Jan. 19, 2012 for medical) |
| Whether Anders’ recurrent hernias are causally related to the 2010 compensable injury (Parsons presumption) | Anders argued the Parsons presumption applied and that Commission erred by not applying it properly to shift burden to defendants | Defendants argued evidence (including physician opinions and healed status after 2011 repair) rebutted any causal link | Held: Commission erred in applying Parsons (failed to give presumption), but this error was harmless because § 97-25.1 barred medical claims and Anders failed to prove wage-loss disability for indemnity claims |
| Whether Anders is entitled to indemnity (disability) benefits after termination under §§ 97-29/97-30 and Seagraves test | Anders argued his later hernias/conditions caused wage-earning incapacity and thus indemnity benefits should continue/restart | Defendants showed termination was for misconduct/attendance that would have applied to a nondisabled employee, shifting burden to Anders to prove disability and causation | Held: Anders failed to prove he was incapable of earning pre-injury wages or that any wage loss was caused by the work injury; indemnity denied |
| Whether Anders is entitled to scheduled impairment benefits under § 97-31(24) for permanent loss to an important organ/part | Anders relied on treating surgeon testimony that some nerve numbness may be permanent | Defendants emphasized lack of medical proof of permanent loss to an important organ or body part | Held: Commission’s findings that Anders did not establish permanent loss of an important organ/part supported denial under § 97-31(24) |
Key Cases Cited
- Parsons v. Pantry, 126 N.C. App. 540 (Parsons presumption shifts burden to employer once compensability of original injury is found)
- Bondurant v. Estes Express Lines, Inc., 167 N.C. App. 259 (hernias after healing may not be compensable as direct natural consequences; medical proof required)
- Busque v. Mid-Am. Apartment Communities, 209 N.C. App. 696 (§ 97-25.1 bars additional medical claims filed more than two years after last actual payment)
- Medlin v. Weaver Cooke Constr., LLC, 367 N.C. 414 (outlines methods for proving inability to earn pre-injury wages and causation under Hilliard/Russell)
- Hilliard v. Apex Cabinet Co., 305 N.C. 593 (defines disability as incapacity to earn pre-injury wages)