Burton v. Arvinmeritor, Inc.
I.C. NO. 797214.
| N.C. Indus. Comm. | Nov 7, 2011Background
- Plaintiff sustained a February 23, 2007 left knee injury at work; preexisting DVT and later left knee arthroplasty followed.
- Plaintiff developed a right leg DVT and aggravated left leg DVT; later developed L4-5 herniated disc during work hardening.
- Defendant admitted the February 23, 2007 knee injury as compensable and accommodated work restrictions without time loss.
- Medical and vocational evidence addressed whether a Maintenance Planner/Scheduler position was suitable and whether Plaintiff could earn wages.
- Full Commission reversed Deputy Commissioner’s opinion, awarding TTD, medicals, and attorney fees, with credits and penalties as specified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation of DVT related to the 2/23/2007 injury | Plaintiff contends DVT is a direct, natural consequence of the work injury. | Defendant argues DVT arises from non-work factors or preexisting conditions. | Yes—the DVT is causally related to the injury. |
| Entitlement to further medical compensation for DVT and back | Plaintiff asserts ongoing treatment is reasonable and necessary. | Defendant argues medical care should be limited to work-related treatment already authorized. | Yes—medical treatment for DVT and back injuries is compensable. |
| Suitability of the Maintenance Planner/Scheduler position | Position is transferable and would permit wage earning consistent with restrictions. | Position is not suitable or feasible given Plaintiff's limitations. | Not suitable; cannot earn wages in general economy. |
| entitlement to further indemnity (TTD) compensation | Plaintiff cannot work due to ongoing disabilities and impairment. | Plaintiff can perform sedentary work and may not be entitled to ongoing TTD. | Plaintiff entitled to ongoing temporary total disability benefits. |
| Correctness of compensation rate; penalties | Underpayment warranting penalties due to rate miscalculation. | Rate adjustment was appropriate with possible credits; penalties not applicable beyond statutory | Ten percent penalty for accrued underpayment; rate corrected with credits. |
Key Cases Cited
- Starr v. Charlotte Paper Co., 8 N.C. App. 604, 175 S.E.2d 342 (1970) (N.C. App. 1970) (natural consequence doctrine in compensable injuries)
- Morrison v. Burlington Indus., 304 N.C. 1, 282 S.E.2d 458 (1981) (N.C. 1981) (aggravation of preexisting condition is compensable)
- Peoples v. Cone Mills Corp., 316 N.C. 426, 342 S.E.2d 798 (1986) (N.C. 1986) (earning capacity requires more than mere capability to perform employer’s job)
- Russell v. Lowe's Prod. Distrib., 108 N.C. App. 762, 425 S.E.2d 454 (1993) (N.C. App. 1993) (earnings for wage calculation under 52 weeks rule)
- Sparks v. Mountain Breeze Restaurant, 55 N.C. App. 663, 286 S.E.2d 575 (1982) (N.C. App. 1982) (no fees where neither party acted unreasonably)