217 N.C. App. 539
N.C. Ct. App.2011Background
- Curry Shaw sustained a July 12, 2000 compensable back injury while employed by US Airways.
- Defendants acknowledged temporary total disability benefits in 2000 and again in 2003 and later forms.
- There was contested calculation of Shaw’s average weekly wage, with hearings culminating in 2005 and appellate review through 2008.
- Shaw died on September 25, 2008; his wife Linda Shaw filed a Form 18 on April 8, 2009 alleging death as a consequence of the compensable injury.
- The Industrial Commission eventually held that Shaw’s death was proximately caused by the compensable injury via methadone toxicity in the context of ongoing disability payments, and awarded Linda Shaw death benefits.
- Defendants appealed the Commission’s determinations on timeliness of the death claim and proximate cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of death benefits claim | Shaw’s death benefits claim was not untimely because no final disability determination barred it. | There was a final disability determination after Form 60/62, triggering § 97-38 deadlines. | Timeliness is preserved; no final disability determination occurred before the Commission’s 2010 decision. |
| Proximate cause of death linked to the 2000 injury | Death was proximately caused by the compensable injury, aided by methadone treatment for back pain. | Death should be attributed to non-work-related fatty liver disease or lack of proximate causation. | Death proximately caused by the compensable injury; evidence supports methadone toxicity as a contributing consequence. |
Key Cases Cited
- Treat v. Mecklenburg County, 194 N.C. App. 545 (2008) (Form 60/62 raises only a presumption of disability, not a final determination)
- Estate of Apple v. Commercial Courier Express, Inc., 165 N.C. App. 514 (2004) (Form 21 not a final disability determination)
- Hoyle v. Carolina Associated Mills, 122 N.C. App. 462 (1996) (work-related injury need not be sole cause; contribution suffices)
- Kendrick v. City of Greensboro, 80 N.C. App. 183 (1986) (disability to contribute and compensate when work-related injury contributes)
- Goforth v. K-Mart Corp., 167 N.C. App. 618 (2004) (pre-existing conditions aggravated by work injury compensate fully)
- Ard v. Owens-Illinois, 182 N.C. App. 493 (2007) (disability can be compensated where injury accelerates a pre-existing condition)
- Shaw v. U.S. Airways, Inc., 362 N.C. 457 (2008) (Supreme Court decision on calculation and consequences of the 2000 injury)