Roberson v. Wal-Mart Stores
I.C. NO. 788427.
| N.C. Indus. Comm. | Dec 28, 2010Background
- Plaintiff was 43 years old at hearing; eighth-grade education; prior work in housekeeping, cleaning, restaurant services, painting helper, cashier, and stocker.
- Employed as a produce sales associate for defendant-employer beginning January 17, 2007.
- On March 3, 2007, plaintiff sustained a compensable cervical spine injury at work lifting a case of popcorn.
- Medical treatment and restrictions followed; temporary restrictions included no lifting over 20 pounds, no overhead reaching, then later lower limits.
- Plaintiff continued working with restrictions; defendant later terminated plaintiff on April 15, 2008 for unexcused absences, found to be a constructive refusal to perform work.
- Post-termination, plaintiff sought work unsuccessfully until around October 26, 2008; unemployment benefits awarded November 3, 2008.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to temporary total disability | Plaintiff seeks ongoing TTD from Oct 26, 2008. | Disability limited to pre-termination period or not proven to be ongoing. | Plaintiff entitled to TTD starting Oct 26, 2008, continuing. |
| Whether termination was a constructive refusal due to misconduct | Termination was related to work injury and accommodations were not provided. | Termination for misconduct unrelated to injury; non-disabled employee would be terminated. | Termination constitutes constructive refusal; supported by Seagraves framework. |
| Causation of ongoing disability and wage-earning capacity | Disability persists due to work injury; unable to earn pre-injury wages. | Plaintiff capable of some work; external factors may limit employment. | Disability proven from Oct 26, 2008, due to work injury; wage-earning capacity reduced. |
| Credit for unemployment benefits against indemnity | No offset against compensation. | Unemployment benefits credit applies. | Defendants entitled to credit for unemployment benefits. |
| Ongoing medical entitlement | Continuing medical treatment necessary. | Medical needs may be limited to treatment reasonable to cure and relieve. | Plaintiff entitled to all reasonable medical expenses for cervical spine injury. |
Key Cases Cited
- Seagraves v. Austin Co. of Greensboro, 123 N.C. App. 228 (1996) (constructive refusal analysis after termination for misconduct)
- Demery v. Perdue Farms, Inc., 142 N.C. App. 259 (2001) (burden to prove disability after termination and search for work)