Smith v. Preformed Line Products Company
I.C. NO. W13590.
| N.C. Indus. Comm. | Oct 7, 2011Background
- 41-year-old plaintiff filing under North Carolina Workers' Compensation Act; repetitive-motion exposure at defendant-employer from 1999 to 2009; compensable injury to neck, left shoulder, arms, elbows, wrists, hands; initial injury date around 27 October 2008 with epicondylitis and left shoulder issues; terminated 19 March 2009 while under restrictions and in active treatment; average weekly wage $650.20, compensation rate $433.36, unemployment benefits crédito-litigation context; medicals include left shoulder impingement, cervical herniated discs, and ongoing treatment and proposed surgery
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a compensable occupational disease or injury? | plaintiff asserts repetitive-motion caused neck/left shoulder conditions | defendants contend evidence insufficient to prove compensable disease | Yes; compensable neck/left shoulder conditions proven by preponderance |
| Should defendants be sanctioned for Rule 601 and §97-18(d) violations? | no sanctions warranted | sanctions should be issued for violations | No sanctions awarded to plaintiff; no unreasonable conduct by either party |
| Is plaintiff entitled to attorney's fees under §97-88.1? | plaintiff seeks fees for successful claim | fees not warranted | Attorney's fee approved at 25% of awarded compensation, with no separate sanctions |
| Is the left shoulder surgery and neck condition related to the occupational disease? | injury linked to repetitive work; surgery necessary | surgery not conclusively proven related | Yes; surgery and ongoing treatment deemed related to compensable condition |
| Was plaintiff constructively unable to obtain suitable employment due to restrictions? | reasonable job search failed due to medical restrictions | unemployment benefits and outside factors may explain failure | Plaintiff shown reasonable efforts; total disability established through 19 March 2009 and continuing |
Key Cases Cited
- Rutledge v. Tutlex Corp., 308 N.C. 85 (1983) (establishes framework for occupational disease causation and increased risk)
- Booker v. Duke Medical Center, 297 N.C. 458 (1979) (defines 'characteristic' and 'peculiar' to occupation for increased risk)
- Fann v. Burlington Indust., 59 N.C.App. 512 (1982) (proximate cause framework for occupational disease in NC)
- Russell v. Lowe's Prod.Distribution, 108 N.C. App. 762 (1993) (recovery/disability standards under Russell analysis)