Jackson v. Adams Adams Construction
I.C. NOS. W23436 PH-2373.
| N.C. Indus. Comm. | Mar 1, 2011Background
- Plaintiff was 34, with a high school diploma; vocational history limited to painting.
- In 2008, Plaintiff and others painted a 'spec' house for Adams Adams Construction; work contested with Adams and Stone.
- In early 2009, Stone walked off site; Adams asked Plaintiff and Morton to finish painting, and they were paid by Adams Adams Construction.
- On May 4, 2009, Plaintiff allegedly fell stepping backward from a brick threshold while painting; fall not witnessed.
- Plaintiff sought care at Bladen County Hospital ER; x-ray negative; ongoing left arm pain with limited treatment due to funds.
- Court found Plaintiff was an employee of George Stone; Adams Adams Construction liable for workers’ compensation insurance lapse; Plaintiff awarded TTD and medical benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff sustained a compensable injury by accident on May 4, 2009 | Plaintiff sustained an injury during work activities. | Employer dispute over control and coverage; waivers or non-employment arguments possible. | Yes; compensable injury found. |
| What medical treatment or compensation is due for the May 4, 2009 injury | Plaintiff requires medical care and wage replacement. | Care and benefits limited to statutory rights; exclusions apply if not proven. | Plaintiff entitled to medical compensation and temporary total disability benefits through Oct 22, 2009. |
| Whether Adams Adams Construction and Stone are liable under the NC Workers' Compensation Act | Contractors liable for coverage when subcontractors fail to provide insurance. | Insurance arrangements unclear; liability contested. | Adams Adams Construction liable due to failure to secure insurance; Stone not necessary party; statutory liability imposed on principal contractor. |
| Whether Plaintiff’s intoxication evidence bars a finding of liability | No intoxication evidence establishing proximate cause. | Plaintiff allegedly intoxicated before injury. | Not proven; intoxication not a proximate cause. |
| Penalty for failure to secure workers' compensation coverage | Defendants violated insurance requirements; penalties apply. | Not admitted; insufficient proof of daily noncompliance. | Penalty sustained against Adams and Adams Construction; $50 per day. |
Key Cases Cited
- Demery v. Perdue Farms, Inc., 143 N.C. App. 259 (2001) (tests for disability proof under Demery framework)
- Russell v. Lowe Prod. Distrib., 108 N.C. App. 762 (1993) (burden-shifting framework for proving disability)
- Hilliard v. Apex Cabinet Co., 305 N.C. 593 (1982) (preconditions for proving capacity to earn after injury)