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