King v. Caswell Center
I.C. NO. W34008.
| N.C. Indus. Comm. | Nov 7, 2011Background
- Plaintiff, born December 27, 1956, is a healthcare technician with about eleven years at defendant-employer; she holds a GED and a Nurse's Aide certificate.
- On July 15, 2009, plaintiff was struck in the back and lower extremities by a bathing trolley carrying a patient, causing she twist and immediate pain.
- The incident occurred in the facility’s living room while plaintiff was performing duties related to patient care.
- Defendant accepted compensability for the incident via Industrial Commission Form 60 dated July 30, 2009.
- Medical records show initial treatment included pain relief and work restrictions; later treatment included physical therapy and pain management.
- Plaintiff was unable to earn wages due to ongoing back injury; hip condition was not found causally related to the compensable incident.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation of plaintiff’s back condition from the July 15, 2009 injury | Plaintiff’s back pain is caused/aggravated by the accident | Back pain may be preexisting and not causally related to the incident | Back injury causally related to the July 15, 2009 accident |
| Entitlement to temporary total disability benefits | Plaintiff remains totally disabled due to back injury | Disability not proven of continuing nature beyond temporary period | Plaintiff entitled to temporary total disability benefits from Sept. 29, 2009 onward |
| Causation of plaintiff’s hip condition | Hip pain linked to the same compensable injury | Hip condition not sufficiently related to the injury | Hip condition not compensable |
| Credit for disability payments vs. salary continuation | Credit should be limited or offset differently | Credit for disability payments allowed, not for salary continuation | Credit allowed for disability payments; no credit for salary continuation |
Key Cases Cited
- Harding v. Thomas Howard Co., 256 N.C. 427 (1962) (injury arising out of employment and occurring during course of employment is compensable)
- Brown v. Family Dollar Distrib. Ctr., 129 N.C. App. 361, 499 S.E.2d 197 (1998) (causation and impairment criteria for compensability)
- Russell v. Lowe’s Prod. Distrib., 108 N.C. App. 762, 425 S.E.2d 454 (1993) (burden to show continuing disability by medical or employment evidence)
- Vandiford v. Stewart Equip. Co., 98 N.C. App. 458, 391 S.E.2d 193 (1990) (causation standards for linking conditions to work injury)
- English v. J.P. Stevens Co., 98 N.C. App. 466, 391 S.E.2d 499 (1990) (causation and employment-related injury standards)
- Hilliard v. Apex Cabinet Co., 305 N.C. 593, 290 S.E.2d 682 (1982) (burden-shifting framework for proving continuing disability)
- Moretz v. Richards Assocs., Inc., 74 N.C. App. 72, 316 N.C. 539 (1985, 1986) (attorney fee and credit considerations in workers’ compensation)