Bell v. Goodyear Tire & Rubber Co.Â
252 N.C. App. 268
| N.C. Ct. App. | 2017Background
- In 2007 Bell (employee) suffered an accepted compensable right-shoulder injury treated with arthroscopic labral repair; Goodyear/Liberty admitted compensability and the Commission approved future medical coverage.
- Bell had additional shoulder care/reoperations after a 2010 exacerbation and reached MMI with restrictions in 2012; she later reported shoulder pain after raking (Dec 2012).
- Bell trial‑returned to work 19 Aug 2013, felt a “pop” on 6 Sept 2013 and was diagnosed with proximal biceps tendinitis after further work in Sept–Oct 2013; restrictive work limits followed and she stopped working 23 Oct 2013.
- Employer filed a Form 28T to terminate benefits for a trial return, then filed (and destroyed) a Form 62 purportedly to reinstate; employer did not actually resume payments after learning the trial return failed.
- A deputy commissioner denied reinstatement of benefits (finding causation to 2007 injury unproven); the Full Commission reversed, applying the Parsons presumption and ordering temporary total disability (TTD) benefits and finding the employer liable for a 10% late‑payment penalty but denying attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2013 biceps tendon injury is causally related to the 2007 compensable shoulder injury (application of Parsons presumption) | Bell: Parsons presumption applies; employer failed to rebut causal link between 2007 injury and 2013 biceps pathology | Goodyear: 2013 injury was to a different part (biceps) and not the same body part as the 2007 labrum/rotator cuff injury, so Parsons presumption should not apply | Court affirmed Commission: employer had accepted a compensable right‑shoulder injury; biceps is part of the shoulder complex; Parsons presumption applied and employer failed to rebut it, so treatment/limitations were compensable as related to 2007 injury |
| Whether employer was required to immediately reinstate TTD upon learning the trial return failed | Bell: reinstatement must occur immediately upon employer’s knowledge of unsuccessful trial return (Form 28U not prerequisite) | Goodyear: employer may withhold reinstatement absent a Form 28U or until causation is proven | Court: affirmed that reinstatement must occur upon knowledge of unsuccessful trial return (statutory §97‑32.1 controls); Form 28U is not a legal precondition to reinstatement |
| Whether employer is subject to a 10% late‑payment penalty under §97‑18(g) for failing to resume payments after unsuccessful trial return | Bell: employer must pay 10% penalty on unpaid TTD installments because it failed to reinstate timely and did not follow termination/contest procedures | Goodyear: employer was justified in withholding payments pending proof of causation and contest | Court: employer is liable for the 10% penalty on unpaid TTD because it had notice of the unsuccessful return and did not timely reinstate or file proper termination/contest forms; remanded to compute penalty |
| Whether the Commission erred in denying attorney’s fees and other sanctions under §97‑88.1 | Bell: employer’s conduct in withholding payments and destroying Form 62 warranted fees and costs | Goodyear: defense was legally justified and not frivolous | Court: Commission acted within discretion in denying fees; no abuse of discretion shown |
Key Cases Cited
- Parsons v. Pantry, 485 S.E.2d 867 (N.C. Ct. App. 1997) (presumption that additional medical treatment is related to an established compensable injury)
- Perez v. Am. Airlines/AMR Corp., 620 S.E.2d 288 (N.C. Ct. App. 2005) (employer bears initial burden to rebut Parsons presumption)
- Burchette v. E. Coast Millwork Distribs, Inc., 562 S.E.2d 459 (N.C. Ct. App. 2002) (failure to reinstate TTD after knowledge of unsuccessful trial return can trigger §97‑18(g) penalty)
- Davis v. Hospice & Palliative Care of Winston‑Salem, 692 S.E.2d 631 (N.C. Ct. App. 2010) (Form 28U not required; reinstatement required on employer’s knowledge of unsuccessful trial return)
- Jenkins v. Pub. Serv. Co. of N.C., 518 S.E.2d 6 (N.C. Ct. App. 1999) (procedures for expedited reinstatement via Form 28U and related rules)