228 N.C. App. 23
N.C. Ct. App.2013Background
- Patricia Church sustained a compensable left shoulder injury and returned to work with medical restrictions through August 9, 2009.
- On August 18, 2009, Church underwent cerebral aneurysm surgery and complications prevented her from returning to work.
- The Industrial Commission awarded Church attorney’s fees, medical expenses, and temporary total disability for periods of missed work up to August 9, 2009, and continuing until further order, with a deduction from TTD for short-term disability paid.
- Defendants appealed, challenging the Commission’s finding that Church’s post-injury machine operator job was not suitable employment.
- The Commission’s finding that the machine operator position was unsuitable was upheld as supported by evidence and credibility determinations by the Commission.
- The Commission concluded Church was totally disabled; Defendants challenged the disability analysis and any apportionment between the compensable injury and the aneurysm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the post-injury machine operator job suitable employment? | Church argues the machine operator role is unsuitable given her limits. | Defendants contend the machine operator position constitutes suitable employment. | Machine operator was unsuitable; Commission credible findings upheld. |
| Was Church totally disabled as a result of the compensable injury and related factors? | Church contends total disability under Knight criteria due to combination of pain and restrictions. | Defendants contest total disability and any need to apportion disability. | Church was totally disabled; apportionment not required due to lack of evidence. |
| Should any apportionment be made between disability from the compensable injury and the aneurysm/jpeg non-work-related condition? | Not explicitly stated separately; relied on total disability by Knight. | Argues for apportionment between work-related and non-work-related causes. | No apportionment; no evidence attributing a percentage to the compensable injury. |
Key Cases Cited
- Knight v. Wal-Mart Stores, Inc., 149 N.C. App. 1, 562 S.E.2d 434 (2002) (disability defined and four methods to prove incapacity)
- Chaisson v. Simpson, 195 N.C. App. 463, 673 S.E.2d 149 (2009) (uncontested findings binding on appeal)
- Johnson v. City of Winston-Salem, 188 N.C. App. 383, 656 S.E.2d 608 (2008) (apportionment not proper where no evidence attributing impairment to the compensable injury)
- Weaver v. Swedish Imports Maintenance, Inc., 319 N.C. 243, 354 S.E.2d 477 (1987) (total disability when non-work-related condition contributes to wage loss)
- Lowery v. Duke Univ., 167 N.C. App. 714, 609 S.E.2d 780 (2005) (credibility and weight of testimony within Commission findings)
- Keeton v. Circle K, 719 S.E.2d 244 (2011) (findings of fact conclusive if supported by competent evidence; credibility determinations reserved for Commission)