Baker v. Flowserve Corporation
I.C. NO. W64615.
| N.C. Indus. Comm. | Sep 2, 2011Background
- Plaintiff, age 49, employed by Defendant-Employer as a valve assembler since October 2003, with prior no arm problems.
- Industrial valves vary in weight; Plaintiff’s cell generally handled weights ≤50 pounds, with some heavier valves in a separate cell.
- Plaintiff alleges bilateral biceps tendonitis (bicipital tenosynovitis) arising from repetitive workplace activities beginning around Aug. 2009.
- Treating physician Dr. Mallon restricted Plaintiff from lifting >20 pounds (later ≤5 pounds) and recommended surgery for right elbow tendinosis/partial tear.
- Ergonomic analysis by Mr. Arab suggested most parts weighed ≤50 pounds and limited repetitive bicep curling; Plaintiff’s description of the job differed from analyses.
- Full Commission credited Dr. Mallon’s causation and increased-risk opinions over Arab’s; Plaintiff continued working in suitable light-duty employment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Plaintiff have a compensable occupational disease claim? | Plaintiff’s job duties caused or significantly contributed to bilateral bicipital tenosynovitis. | Job duties are not shown to cause or significantly contribute; causation uncertain and alternative causes possible. | Yes; Plaintiff’s employment caused or significantly contributed to the condition. |
| Did Plaintiff face an increased occupational risk compared to the general public? | Employment exposure increased risk for the condition. | Ergonomic analysis shows low cumulative trauma risk; no distinct work-related hazard. | Yes; employment exposed Plaintiff to an increased risk. |
Key Cases Cited
- Whitfield v. Lab Corp. of Amer., 158 N.C. App. 341 (2003) (burden of proof in compensable injury)
- Holley v. ACTS, Inc., 357 N.C. 228 (2003) (medical certainty standard for causation evidence)
- Young v. Hickory Bus. Furn., 353 N.C. 227 (2000) (causation framework and medical evidence standard)
- Rutledge v. Tultex Corp., 308 N.C. 85 (1983) (requirement of causation and increased risk for occupational disease)
- Click v. Pilot Freight Carriers, Inc., 300 N.C. 164 (1980) (characteristic and peculiar risk in occupation; causation analysis)
- Booker v. Duke Med. Ctr., 297 N.C. 458 (1979) (increased risk standard for occupational disease)
- Harvey v. Raleigh Police Department, 96 N.C. App. 28 (1989) (causation and medical proof requirements in WC cases)