Everette v. Blythe Development Company
I.C. NO. 771322.
| N.C. Indus. Comm. | Dec 22, 2010Background
- Plaintiff born August 20, 1960; age 50 at time of injury.
- May 1, 2007; struck in throat by a saw while cutting a pipe for Defendant-Employer; laceration to throat.
- Consent Order resolved all issues except compensation for scarring and throat injury.
- Plaintiff alleges ongoing hoarseness, swallowing difficulty, numbness/itching of scar; medical opinions causally relate to the injury.
- Medical findings: scar is very noticeable; IME notes hypersensitivity; CT normal; 10% impairment for scar-related sensory abnormalities.
- Court finds permanent injury to muscles/tissues of larynx, vocal cords, and esophagus; permanent scar across front of neck; scar effects on wage earning capacity presumed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to compensation for serious bodily disfigurement under 97-31(22). | Scar is very noticeable and ugly; presumptively diminishes earning capacity. | Disfigurement alone does not establish entitlement under 97-31(22). | Plaintiff proven under 97-31(22); more favorable remedy exists under 97-31(24). |
| Permanent injury to internal organs (larynx, vocal cords, esophagus) under 97-31(24). | Injury caused permanent damage to muscles/tissues essential to swallowing and voice. | Medical evidence inconsistent or insufficient to show permanent injury to internal organs. | Plaintiff proven permanent injury to internal organs under 97-31(24). |
| Appropriate award amount under 97-31(24). | Amount should reflect permanent injury and disfigurement. | Award should be limited by statutory caps and lack of earnings impact. | Award of $20,000 under 97-31(24) chosen as proper and equitable. |
Key Cases Cited
- Liles v. Charles Lee Byrd Logging Co., 309 N.C. 150, 305 S.E.2d 523 (1983) (serious bodily disfigurement may diminish wage earning capacity)