Miller v. Wal-Mart
I.C. NO. W02385.
| N.C. Indus. Comm. | Mar 11, 2011Background
- Plaintiff, age 43, worked for Defendant-Employer since 2003 (cashier → customer service manager), including third/overnight shifts.
- Feb 19–21, 2007 shift: Plaintiff alleges pushing/pulling eight‑nine carts caused a right arm injury.
- She continued working subsequent shifts; did not report injury at the time or seek immediate medical treatment.
- Feb 21, 2007 emergency visit diagnosed right biceps tendonitis; medical leave forms later stated non-work-related conditions.
- MRI in March 2007 showed C6‑C7 herniation; surgery at C6‑C7 occurred July 28, 2008; December 22, 2008 MVA allegedly worsened symptoms; Form 18 filed January 26, 2009 alleging Feb 20, 2007 injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff sustained an injury by accident on Feb 19–20, 2007. | Plaintiff alleges injury from pushing/pulling carts. | No credible evidence of work‑related incident; earlier medical history. | Denied; no injury by accident proven. |
| Whether Plaintiff gave timely notice of the claim. | Notice should be timely given after injury. | Notice was almost two years late; prejudicial delay. | Denied; untimely notice with prejudice established. |
| Causation between the Feb 2007 incident and current cervical condition. | Injury caused ongoing cervical problems. | Cervical problems not proven linked to Feb 2007 incident; preexisting conditions. | Not proven; no causal link established. |
| Relation of December 22, 2008 MVA to cervical symptoms. | MVA worsened neck/arm pain. | MVA caused new symptoms; preexisting issues dominated. | MVA caused new/distinct aggravation post‑surgery. |
| Credit for disability benefits against compensation claim. | Defendants owe credit for disability payments. | Evidence insufficient; credit not necessary to decide claim. | Not addressed due to other disposition (denial of claim). |
Key Cases Cited
- Holley v. ACTS, Inc., 357 N.C. 228, 581 S.E.2d 750 (N.C. 2003) (standard for injury by accident proof and notice)
- Young v. Hickory Bus. Furniture, 353 N.C. 227, 538 S.E.2d 912 (N.C. 2000) (timeliness and notice principles in workers' comp cases)
- Gregory v. W.A. Brown Sons, 363 N.C. 750, 688 S.E.2d 431 (N.C. 2010) (prejudice from delayed notice)
- Carter v. Northern Telecom, 123 N.C. App. 547, 473 S.E.2d 774 (N.C. App. 1996) (causal link considerations in post‑work injury context)
- Starr v. Paper Co., 8 N.C. App. 604, 175 S.E.2d 342 (N.C. App. 1970) (scope of aggravation vs. preexisting conditions)