Holmes v. Carolina Services of Fayetteville
I.C. NO. 371997.
| N.C. Indus. Comm. | Nov 21, 2011Background
- Full Commission reviewed Deputy Commissioner’s Opinion and Award; no new evidence or rehearing grounds found.
- Stipulations: employer-employee relationship, carrier on risk, Act applicability.
- Prior compensable left heel/ankle injury (2003 forklift) acknowledged; later medical developments.
- 2008 Form 26A agreement approved for 12% PPD of left lower extremity.
- 2009 motorcycle accident caused substantial new injuries; doctor opinions split on causal relation to 2003 injury.
- Full Commission concluded current condition not causally related to 2003 injury and denied further indemnity/medical relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a compensable change of condition? | Plaintiff asserts ongoing effects linked to 2003 injury. | Defendants contend new 2009 injuries are not caused by 2003 injury. | No substantial change attributable to 2003 injury. |
| Is the claimant entitled to further medical or indemnity compensation? | Medical needs tied to prior work injury. | Medical needs are related to non-compensable events. | Denied; not causally related to the 2003 injury. |
| Should the Form 26A award be set aside? | Alleged mutual mistake/misrepresentation to invalidate award. | No fraud or mistake proven; award remains valid. | Form 26A award not set aside. |
Key Cases Cited
- Young v. Hickory Bus. Furn., 137 N.C. App. 51, 527 S.E.2d 344 (2000) (change in condition standard for modification)
- Perez v. Am. Airline/AMR Corp., 174 N.C. App. 128, 620 S.E.2d 288 (2005) (presumption rebutted by competent medical evidence)
- Parsons v. Pantry, Inc., 126 N.C. App. 540, 485 S.E.2d 867 (1997) (presumption applicability in medical causation)
- Lettley v. TrashRemoval Serv., 91 N.C. App. 625, 372 S.E.2d 747 (1988) (burden to prove disability causation)
- Blair v. American Television Comm. Corp., 124 N.C. App. 420, 477 S.E.2d 190 (1996) (substantial change of condition standard; burden on claimant)
- Murray v. Nebel Knitting Co., 214 N.C. 437, 199 S.E. 609 (1938) (change in compensation award jurisprudence)
- Hogan v. Cone Mills Corp., 315 N.C. 127, 337 S.E.2d 477 (1985) (inherent power to set aside judgments for fraud/misrepresentation)