Robinson v. Grading
I.C. NOS. 965627 W09153.
| N.C. Indus. Comm. | Nov 18, 2010Background
- Plaintiff worked for Gateway Grading as a track hoe operator and often performed other construction tasks.
- May 19, 2008 incident: while bending over a chainsaw task, Plaintiff experienced severe back pain and sought medical attention; he later underwent surgical fusion in 2009.
- Plaintiff alleged a prior May 12, 2008 injury due to track hoe vibrations, reporting to a supervisor who instructed him to stop work; defense disputed a report of injury on that date.
- Defendants were informed of the May 19, 2008 incident by supervisors and a company owner; carrier received notice and a statement was taken; Form 61 denial followed.
- Plaintiff was entitled to temporary total disability starting May 20, 2008, with an offset for wages earned at Wal-Mart in 2008 totaling $2,448.50.
- Medical treatment and procedures (Maxy, Chimiak, Tiffany) were provided; surgery occurred August 6, 2009, with ongoing pain management and no current MMI at hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether May 12, 2008 injury is barred for lack of written notice. | Plaintiff contends Defendants had actual knowledge and notice was provided. | Defendants argue lack of written notice within 30 days and insufficient proof of prejudice. | May 12 injury barred due to lack of timely written notice. |
| Whether May 19, 2008 injury is compensable as a specific traumatic incident. | Injury occurred while bending over during work; the incident arose in the course of employment. | Dispute that the May 19 incident caused the back injury or that it occurred as claimed. | May 19, 2008 injury is compensable as a specific traumatic incident in the course of employment. |
| Whether lack of written notice for May 19 injury prejudiced Defendants. | Defendants were informed promptly and investigated; no prejudice shown. | A notice requirement failure could prejudice defense and timing of denial. | No prejudice established; notice requirements satisfied for purposes of the claim. |
| What is Plaintiff's disability and medical treatment entitlement resulting from the May 19 injury. | Plaintiff seeks ongoing TTD benefits and medical treatment coverage. | Defendant challenges extent and duration of disability and medical expenses eligibility. | Temporary total disability from May 20, 2008, with medical treatment coverage and wage offset approved. |
Key Cases Cited
- Gregory v. W.A.Brown Sons, 363 N.C. 750, 688 S.E.2d 431 (2010) (North Carolina) (notice issues under § 97-22 analyzed for prejudice)
- Richardson v. Maxim Healthcare/Allegis Group, 362 N.C. 657, 669 S.E.2d 582 (2008) (North Carolina) (prejudice and notice considerations in workers' compensation)
- Sanders v. Broyhill Furniture Industries, 131 N.C.App. 383, 507 S.E.2d 568 (1998) (North Carolina Court of Appeals) (notice requirements related to workers' compensation claims)
- Moore v. FederalExpress, 162 N.C.App. 292, 590 S.E.2d 461 (2004) (North Carolina Court of Appeals) (relationship between aggravation of pre-existing condition and work injury)
- Fish v. Steelcase, Inc., 116 N.C.App. 703, 449 S.E.2d 233 (1994) (North Carolina Court of Appeals) (specific traumatic incident theory in back injuries)
- Richards v. Town of Valdese, 92 N.C. App. 222, 374 S.E.2d 116 (1988) (North Carolina Court of Appeals) (standards for proving compensable injury arising from work-related incidents)