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Falls v. N.C. Dept. of Correction
I.C. NO. 195723.
| N.C. Indus. Comm. | Dec 22, 2010
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Background

  • Plaintiff Sharon C. Falls was employed by Eastern Correctional Institution, a NC Dept. of Correction facility, subject to the NC Workers' Compensation Act.
  • On November 13, 2008, while responding to a serious emergency code, Falls allegedly misstepped and injured her left knee, causing a torque and a pop.
  • She received initial on-site care, then medical treatment at Med Center 1; later diagnosed with a left knee meniscal tear requiring orthopedic care.
  • Falls underwent left knee arthroscopy (meniscectomy) on January 9, 2009 and was released to limited/regular work thereafter, with disability around the surgery date.
  • The Full Commission affirmed Deputy Commissioner Homick’s decision that the injury was compensable, awarded temporary total disability for January 9–February 23, 2009, medical expenses, and approved a 25% attorney’s fee.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the November 13, 2008 knee injury qualifies as an accident Falls contends the knee injury was an unlooked-for, untoward event during emergencies. Defendant argues the incident was not an accident beyond ordinary job duties. Yes; injury proven to be an accident arising out of employment.
Whether Falls is entitled to compensation for temporary total disability TTD from Jan. 9 to Feb. 23, 2009 due to surgery and disability. Disability limited by medical evidence or duration of work restrictions. Entitled to TTD at $440.01/week for Jan. 9–Feb. 23, 2009.
Whether medical expenses for the left knee are payable Plaintiff seeks ongoing medical treatment related to the injury. Medical care limited to reasonable and related treatment for the injury. Yes; defendant to pay all reasonably required medical expenses for the left knee.
Whether a fee for counsel is appropriate and the amount Counsel's services justify a fee from compensation due. Standard fee schedule applies; ensure reasonableness. Yes; 25% attorney’s fee of accrued compensation approved.

Key Cases Cited

  • Harding v. Thomas Howard Co., 256 N.C. 427 (N.C. 1962) (accident consists of unlooked-for interruption of work routine and unusual conditions)
  • Adams v. Frit Car, Inc., 185 N.C. App. 714 (N.C. App. 2007) (future medicals and permanency considerations in compensable injuries)
  • Reinninger v. Prestige Fabricators, Inc., 136 N.C. App. 255 (N.C. App. 1999) (evidence standards for medical causation and work-related injuries)
  • Parsons v. Pantry, Inc., 126 N.C. App. 540 (N.C. App. 1997) (standards for compensability and medical treatment timelines)
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Case Details

Case Name: Falls v. N.C. Dept. of Correction
Court Name: North Carolina Industrial Commission
Date Published: Dec 22, 2010
Docket Number: I.C. NO. 195723.
Court Abbreviation: N.C. Indus. Comm.