Meek v. Pontiac
I.C. NO. 688528.
| N.C. Indus. Comm. | Nov 11, 2011Background
- Plaintiff, 38, with a GED, worked as controller/office manager for Defendant-Employer since 2000.
- On December 9, 2006, Plaintiff allegedly injured her right hand/wrist in a work event and the claim was treated as medical only.
- Initial medical treatment followed; Dr. Foster limited lifting to 1 lb and no repetitive work; later visits showed persistent pain with intermittent numbness.
- MRI in 2008 showed no structural wrist injury; nerve studies indicated moderate carpal tunnel syndrome; doctors disagreed on whether CTS was caused by the fall.
- Dr. Caulfield in 2009 recommended surgical options including carpal tunnel release and possible joint/ligament work; defendants contested ongoing relation of conditions to the 2006 injury.
- Commission found the 2006 injury compensable and, based on expert opinion, connected CTS and ligament conditions to the compensable injury; surgeries were deemed related.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to additional medical treatment | Caulfield procedures relate to the compensable injury. | Not causally related or not directly tied to the original injury. | Plaintiff entitled to payment for Caulfield-recommended surgery. |
| Entitlement to further benefits under the Act | Prescribed medical procedures trigger compensation benefits. | Benefits limited or contingent on other findings. | Plaintiff entitled to related medical treatment and associated disability periods as awarded. |
| Causation of carpal tunnel syndrome by the December 9, 2006 accident | CTS causally linked to the compensable injury via ongoing symptoms. | CTS may not be causally related to the fall. | Greater weight of medical testimony supports a causal connection. |
| Disability and unemployment credit | Disability periods and credits should be recognized for compensation and offsets. | Offsets/credits may apply for unemployment benefits if applicable. | Court recognizes disability/benefits without establishing an unemployment credit at this time. |
Key Cases Cited
- Parsons v. Pantry, Inc., 126 N.C. App. 540, 485 S.E.2d 867 (1997) (parsons presumption for medical relation to compensable injury)
- Booker v. Medical Center, 297 N.C. 458, 256 S.E.2d 189 (1979) (causal connection may be required for medical conditions)
- Click v. FreightCarriers, 300 N.C. 164, 265 S.E.2d 389 (1980) (recognizes causation standards in workers' compensation)
- Pittman v. Thomas Howard, 122 N.C. App. 124, 468 S.E.2d 283 (1996) (treatment causation burden on injured worker)
- Snead v. Mills, Inc., 8 N.C. App. 447, 174 S.E.2d 699 (1970) (burden of proving causal relation for medical treatment)