Ritch v. Connelly Springs Gas
I.C. NO. 995842.
| N.C. Indus. Comm. | Nov 19, 2010Background
- Plaintiff, a 21-year-old high school graduate, developed an occupational disease (asthma/reactive airway) after mold exposure at defendant-employer stores.
- Exposure occurred at multiple store locations (Connelly Springs and Lenoir) with mold remediation after water damage in May 2007 and post-remediation testing in May 2008.
- Doctors linked symptoms to work environment; multiple physicians released plaintiff to full duty with environmental restrictions, but she remained unable to work without avoiding irritants.
- Plaintiff left work after August 22, 2008 and has not worked since; the Form 22 wage chart established an average weekly wage of $231.07 and a corresponding compensation rate of $154.05.
- Defendants admitted compensability via Form 60; dispute concerns continuing disability, entitlement to temporary total disability (TTD) benefits, and need for ongoing medical treatment.
- The Full Commission awarded TTD for May 19, 2008 through August 22, 2008, and underpayment for April 21, 2008 through May 18, 2008, plus ongoing medical treatment and a modicum of attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff has continuing disability. | Plaintiff argues ongoing disability post-August 21, 2008 due to occupational asthma. | Defendants contend no continuing disability after release to return to work on August 21, 2008. | Plaintiff fails to prove continuing disability after release; no ongoing disability. |
| Whether plaintiff is entitled to temporary total disability benefits. | Plaintiff asserts entitlement for May 19, 2008 to August 22, 2008. | Defendants argue limited period of TTD prior to August 22, 2008. | Plaintiff awarded TTD at $154.05/week for May 19, 2008 through August 22, 2008. |
| Whether defendant underpaid benefits for April 21, 2008 through May 18, 2008. | Underpayment identified; plaintiff seeks correction and lump-sum restitution. | Dispute over calculation but seeks compliance with statutes. | Underpayment of $7.60/week acknowledged; payment ordered in lump sum toward April 21, 2008 through May 18, 2008. |
| Whether plaintiff is entitled to ongoing medical treatment under § 97-25.1. | Continued medical treatment necessary to cure or relieve symptoms. | Medical treatment limited to environment-free exposure and as required by statute. | Plaintiff entitled to further medical treatment as needed under § 97-25.1. |
| Whether plaintiff is entitled to compensation for permanent impairment or injury to an internal organ. | Alleges permanent impairment from occupational asthma. | Medical evidence does not show permanent impairment. | No permanent impairment or injury established. |
Key Cases Cited
- Sims v. Charmes/Arby's Roast Beef, 142 N.C. App. 154, 542 S.E.2d 277 (2001) (burden of proving continuing disability after Form 60)
- Russell v. Lowe's Product Distribution, 108 N.C. App. 762, 425 S.E.2d 454 (1993) (four prongs to prove continuing disability)