Huffman v. Target Corp.
I.C. NO. W37529.
| N.C. Indus. Comm. | Apr 8, 2011Background
- Plaintiff, 28 years old, began employment at Defendant-Employer’s warehouse on May 29, 2009, with a history of lifting up to 75 pounds.
- On July 24, 2009, he sustained a neck and back injury while lifting a heavy box (49–70 pounds) and twisting, reporting immediate severe pain.
- He sought medical care the same day; initial treatment included BioFreeze and analgesics, with later reports of waking neck stiffness.
- Defendants terminated Plaintiff’s employment around noon on July 24, 2009, with termination allegedly for “cherry-picking,” based largely on statements by a supervisor who did not testify.
- Plaintiff sought medical treatment post-termination; he eventually underwent imaging that revealed a thoracic disk herniation at T9-10 and cervical/thoracic/lumbar pathology, with ongoing pain and numbness.
- The Full Commission found the July 24, 2009 lifting incident a substantial causative factor in the back condition and awarded temporary total disability, temporary partial disability, and ongoing medical treatment under North Carolina’s Workers’ Compensation Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff sustained a compensable back injury by a specific traumatic incident on July 24, 2009. | Plaintiff contends the lifting incident caused cervical/thoracic/lumbar injuries. | Defendant contests compensability or causal linkage to the incident. | Yes; injury deemed compensable as arising out of employment. |
| What compensation and medical treatment follow from the compensable injury. | Plaintiff seeks TTD, TP disability, and medical treatment per statute. | Defendant disputes extent/timeline of disability and eligibility for ongoing benefits. | Plaintiff entitled to temporary total and temporary partial disability benefits and to medical treatment, including future care with Dr. Maxy. |
Key Cases Cited
- Russell v. Lowe's Production/Distribution, 108 N.C. App. 762 (1993) (supports temporary total disability framework and job-search requirement)
- Seagraves v. Austin Co. of Greensboro, 123 N.C. App. 228 (1996) (addresses constructively refused suitable employment under WC Act)