221 N.C. App. 622
N.C. Ct. App.2012Background
- Employee Hutchens sustained a December 12, 2006 back injury while delivering for Employer.
- Employer initially denied compensability; a deputy commissioner denied the claim in July 2007.
- Full Commission remanded in January 2010 to determine whether a cognizable April 6, 2007 incident occurred.
- Employer successfully moved to reconsider in June 2011, arguing lack of jurisdiction over April 2007 incident.
- In October 2011 the Full Commission awarded compensability for the December 2006 injury and related medical treatment from April 2007.
- Employer appeals, challenging causation findings and ongoing disability; the court affirms in part and reverses in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are findings 28-29 properly supported on causation? | Hutchens (Employee) relies on Dr. Adams' causation opinion supported by MRI and records. | Adams' opinion is speculative or based on incomplete history; not competent causation evidence. | Findings are supported; causation established by Adams' opinion. |
| Is Dr. Adams' causation opinion competent despite reliance on patient history? | Opinion based on MRI, records, exam; not solely on subjective history. | History given to Adams omits relevant prior symptoms; reduces reliability. | Opinion competent; credibility weighs with Commission, not us. |
| Did the record prove ongoing disability and temporary total disability? | Record shows continuing impairment and need for medical care. | Lacks sufficient vocational evidence to show ongoing disability. | Ongoing disability not proven due to lack of vocational/earnings evidence; TT disability reversed. |
| Does the 5 October 2011 award conflict with the 6 January 2010 order? | Award aligns with final causation ruling; no direct conflict. | There is a potential inconsistency with remand order. | No direct conflict; award affirmed in part and reversed in part. |
Key Cases Cited
- Holley v. ACTS, Inc., 357 N.C. 228 (N.C. 2003) (causation requires some competent evidence; certainty not absolute)
- Davis v. Harrah’s Cherokee Casino, 362 N.C. 133 (N.C. 2008) (appellate review of findings; credibility weight to Commission)
- Adams v. Metals USA, 168 N.C. App. 469 (N.C. App. 2005) (physician's opinion based on patient history not incompetent per se)
- Jenkins v. Pub. Serv. Co. of N.C., 134 N.C. App. 405 (N.C. App. 1999) (patient history does not render medical opinion incompetent)
- Bridges v. Linn-Corriher Corp., 90 N.C. App. 397 (N.C. App. 1988) (consideration of age, education, and experience in disability proof)
- Hill v. Hanes Corp., 319 N.C. 167 (N.C. 1987) (credibility and weight reserved to the Industrial Commission)