Hawkins v. Wilkes Reg'l Med. Ctr.Â
808 S.E.2d 505
N.C. Ct. App.2017Background
- Hawkins, a nurse, injured her lower back at work in 2007; employer initially admitted compensability and provided treatment.
- Over several years Hawkins had work incidents that exacerbated her back; in January 2012 she sustained another compensable back injury and sought an MRI and further treatment.
- Employer’s workers’ compensation carrier changed over time; Key Risk was the carrier in 2007, United Heartland was the carrier in 2012.
- Hawkins filed claims with the Industrial Commission; she gave timely notice to her employer of the 2012 injury but did not name United Heartland as the insurer within two years.
- The Full Commission concluded Hawkins’s current back condition arose from the January 12, 2012 injury (not the 2007 injury) and ruled her claim barred because she failed to file a claim specifically against United Heartland within two years.
- The Court of Appeals reversed, holding an employee need only file against the employer (notice to employer is notice to insurer under N.C. Gen. Stat. § 97-97), and disputes about which insurer is liable are between employer and insurers, not fatal to the employee’s claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an employee must name the employer's specific insurer to preserve a workers’ compensation claim | Hawkins: Timely filed claim against employer; not required to name a particular insurer | Employer/insurer: Hawkins needed to file against United Heartland (carrier on 1/12/2012) within two years or her right is barred | Court: Employee need only notify/employ the employer; naming the specific insurer is not a jurisdictional requirement; reversed and remanded |
| Whether Hawkins’s 2012 injury was compensable as an aggravation of prior injury | Hawkins: 2012 incident aggravated compensable 2007 condition and employer had notice | Defendants: 2012 was a new injury; Key Risk (2007 carrier) not liable because United Heartland was the 2012 carrier | Court: Commission findings supported compensable 2012 injury; employer is responsible for compensable aggravations regardless of carrier |
Key Cases Cited
- Anderson v. Northwestern Motor Co., 233 N.C. 372 (1951) (aggravation of preexisting condition by work incident can be compensable)
- Collins v. Garber, 72 N.C. App. 652 (1985) (notice to employer is notice to insurer under statute assigning insurer responsibility)
- Goforth v. K-mart Corp., 167 N.C. App. 618 (2004) (specific traumatic incident that aggravates a preexisting condition is compensable)