Norris v. J.E. Wilson Enterprises
I.C. NO. 786184.
| N.C. Indus. Comm. | Jan 31, 2011Background
- This is an accepted NC WC claim for a July 3, 2007 low back injury with ongoing TTD at $287.85/week.
- Plaintiff treated by Dr. Raghu Kataru, later by Dr. Leonard Nelson (orthopedic surgeon) who recommended lumbar decompression surgery.
- Dr. Nelson diagnosed lumbar spinal stenosis, worse at L4-5, and advised surgery; Defendants denied surgery and pain management authorization.
- Plaintiff underwent an FCE on December 31, 2008 which was deemed invalid but acknowledged pain; surveillance and prior work limited his capabilities.
- Surveillance footage showed limited activity; medical opinions conflicted on causation; the Full Commission ultimately awarded continued TTD and medical care.
- The Full Commission affirmed with modifications the Deputy Commissioner’s Opinion and Award, ordering continued benefits and medical treatment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether current low back condition is related to the compensable injury | Plaintiff argues current symptoms are due to compensable injury. | Defendants argue current condition is unrelated or not causally worsened by the incident. | Yes; current condition is a compensable aggravation. |
| Whether Plaintiff is entitled to additional medical compensation including surgery | Plaintiff asserts surgery and pain management are reasonably required. | Defendants contest need and authorization for further treatment. | Yes; surgery and related treatment are reasonably required and authorized. |
| Whether Plaintiff remains entitled to temporary total disability compensation | Plaintiff contends ongoing incapacity due to work-related condition. | Defendants dispute ongoing disability given limited work and surveillance. | Yes; Plaintiff continues to be disabled and entitled to ongoing TTD. |
Key Cases Cited
- Smith v. Champion Intl., 134 N.C. App. 180 (1999) (aggravation of pre-existing condition is compensable)
- Hoyle v. Carolina Associated Mills, 122 N.C. App. 462 (1996) (burden to prove disability and wage-earning capacity)
- Hilliard v. Apex Cabinet Co., 305 N.C. 593 (1982) (disability meaning loss of wage earning capacity)
- Demery v. Perdue Farms, Inc., 143 N.C. App. 259 (2001) (evidence-based paths to prove disability)
- Russell v. Lowe's Product Distrib., 108 N.C. App. 762 (1993) (requirement to prove incapacity caused by injury)