233 N.C. App. 431
N.C. Ct. App.2014Background
- Plaintiff slipped on a recently waxed floor at Ingles Markets on Jan 30, 2008, sustaining a lower back sprain and mild concussion.
- She sought medical care, was diagnosed with injuries and given work excusal notes through early February 2008.
- MRI in February 2008 revealed degenerative spine issues; doctors imposed restrictions (max four hours, 10-pound lifting limit, frequent rest).
- Plaintiff returned to work with restrictions in March 2008; later extended restrictions were issued by Dr. Broadhurst in 2008.
- Starting in 2008–2009, plaintiff developed seizure episodes; EEG suggested possible epilepsy; doctors debated cause and treatment.
- Psychiatric/psychological evaluations and social work assessments in 2009–2011 attributed anxiety/depression exacerbated by the fall; FMAL leave granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the fall cause plaintiff's seizure disorder? | Bishop argues fall initiated medical/psych conditions causing seizures. | Ingles Markets contends causation requires expert support for a complex medical link. | Yes, supported by expert testimony; causation sustained. |
| Was reopening the record proper? | Record reopening allowed additional orthopedic and neuropsychological evidence. | Full Commission abused discretion; reopening was unwarranted. | Reopening within plenary powers; no manifest abuse. |
| Did the Full Commission properly award disability benefits under Russell v. Lowe? | Plaintiff could not work due to ongoing seizures and permanent restrictions; futility of seeking work. | The evidence did not prove incapacity or futility to seek employment. | Yes, Russell test satisfied under multiple theories; benefits awarded. |
Key Cases Cited
- Click v. Pilot Freight Carriers, Inc., 300 N.C. 164 (1980) (complex medical causation requires competent expert evidence)
- Deese v. Champion Int'l Corp., 352 N.C. 109 (2000) (appellate review limited to whether competent evidence supports IC findings)
- McRae v. Toastmaster, Inc., 358 N.C. 488 (2004) (conclusions of law reviewed de novo)
- Adams v. AVX Corp., 349 N.C. 676 (1998) (unchallenged findings presumed supported by competent evidence)
- Russell v. Lowe's Product Distrib., 108 N.C. App. 762 (1993) (four-part test for proving disability by Russell framework)
- Barrett v. All Payment Servs., Inc., 201 N.C. App. 522 (2009) (evidence futility supports Russell part three for permanent incapacity)
- Lynch v. M. B. Kahn Constr. Co., 41 N.C. App. 127 (1979) (Full Commission powers to reopen record; abuse of discretion standard)