Mathes v. Lion, No. W08648.

Plaintiff is 65, living in Rocky Point, NC, and had worked for Food Lion for 5 years as a meat cutter trainee.
On February 6, 2009, around 8:15 p.m., Plaintiff slipped in the Wrightsboro Food Lion market freezer, falling and injuring his back and neck after striking his left hand and elbow.
Plaintiff immediately reported the injury, went to the ER, and was treated for a lumbar injury and left hand contusion/abrasion.
He subsequently received urgent care on February 11, and began treating with his primary care physician, Dr. Rafalowski, on February 24 with new, persistent back and neck pain.
Dr. Rafalowski testified the back/neck pain post-accident became much worse and more constant, leading to referral for MRI and neurosurgical evaluation; ACDF surgery was performed August 19, 2009.
Plaintiff has not worked since the accident; medical opinions support total disability and ongoing treatment, including consideration of a spinal cord stimulator.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the February 6, 2009 injury a compensable work accident?	Plaintiff's injury arose from a workplace fall.	Defendant disputed or limited causation; need for medical nexus.	Yes, compensable under NC workers' compensation Act.
Is Plaintiff temporarily totally disabled due to the compensable injury?	Injury caused ongoing, disabling pain preventing work.	Disability must be supported by medical evidence; ongoing work capacity unclear.	Plaintiff remains temporarily totally disabled.
What is the appropriate disability wage and payment duration?	Entitled to TTD benefits at statutory rate until further order.	Benefits governed by statute and evidence of disability duration.	TTD awarded at $281.34 per week from Feb 6, 2009 onward.
What medical expenses and future treatments are covered?	Medical care related to the February 6, 2009 injury should be covered.	Coverage limited to reasonable, necessary care tied to the injury.	Plaintiff entitled to all medical expenses related to the compensable injury, including surgery.
Should pain management be evaluated and adjusted by Navy/IC Nurse?	Current regimen needs reassessment; pain management improvements warranted.	Non-specific; standard care should suffice.	Industrial Commission Nurse to evaluate and assist pain management regimen.

Russell v. Lowes Prod. Distribution, 108 N.C. App. 762, 425 S.E.2d 454 (1993) (supports compensation and disability principles under the Act)