Shaffer v. Southern Pipe, Inc.
I.C. NO. W51780.
| N.C. Indus. Comm. | Sep 29, 2011Background
- Industrial Commission reviewed Deputy Commissioner Baddour's Opinion and Award; party failed to show grounds to reconsider or hear new evidence; Commission affirmed with minor modifications.
- Stipulations: proper parties, NC Workers' Compensation Act applicable, carrier Cincinnati Casualty Company on risk, and employment relationship on September 15, 2009.
- Plaintiff alleges a compensable injury to back and right hand, plus post-traumatic stress disorder (PTSD) and depression, arising out of and in the course of employment on September 15, 2009.
- Plaintiff's average weekly wage was $493.69, with a compensation rate of $329.13; temporary total disability benefits paid at $342.32 per week from Sept 15, 2009 to Dec 13, 2009.
- Additional stipulations (Sept 15, 2010) address long-term disability benefits paid by Guardian; potential liens and offsets if TTD payments relate to LTD periods; amounts capped and potential attorney’s fee adjustments.
- Key medical and factual findings: September 15, 2009 accident caused PTSD; back condition aggravated temporarily but evidence insufficient to prove a compensable aggravation beyond periods paid; PTSD deemed compensable requiring continued treatment and potential vocational rehabilitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the PTSD compensable as causally related to the accident? | PTSD caused by the September 15, 2009 accident. | Defendants contested causation; claimed no compensable linkage. | PTSD compensable due to causal link. |
| Does the record establish a compensable aggravation of the pre-existing back condition? | Back condition aggravated by the accident. | No compensable aggravation proven beyond treatment period; no structural change shown. | Temporary aggravation possible, but not proven beyond paid disability period. |
| Is there a compensable occupational disease to the feet and lower legs from repetitive truck driving? | Polyneuropathy/occupational disease due to repetitive stress. | No proven compensable occupational disease. | Plaintiff failed to establish compensable occupational disease. |
| What benefits is Plaintiff entitled to for the compensable PTSD? | Entitled to TTD and medical expenses related to PTSD. | Offsets and credits may apply; medical/TTD benefits subject to prior payments and liens. | TTD at $329.13/week from Sept 15, 2009 continuing; medical expenses payable; credits/offsets acknowledged; attorney fees denied under §97-88.1. |
| Are there attorney's fees or Guardian LTD repayment implications? | Plaintiff seeks reasonable attorney's fees; Guardian LTD lien considerations. | Lien and repayment mechanics exist; no statutory attorney's fee under §97-88.1 awarded. | No attorney's fees under §97-88.1; Guardian LTD repayment permitted as per order; 25% counsel fee from accrued amounts. |
Key Cases Cited
- Click v. FreightCarriers, 300 N.C. 164, 265 S.E.2d 389 (N.C. 1980) (expert testimony required for complex medical causation)