Thomas v. Conagra Foods, Inc., I.C. NO. W31870.

Plaintiff, age 44, worked as a machine operator for ConAgra and had a part-time Wal-Mart job; average weekly wage $703.91, compensation rate $469.30.
On June 3, 2009, an explosion at the Garner ConAgra plant occurred; Plaintiff exited safely but witnessed serious injuries to coworkers.
Plaintiff sought treatment for psychological trauma after the explosion and began counseling; extended treatment continued through 2010.
In October 2009, Plaintiff reported left elbow symptoms; x-rays showed calcification not clearly related to the explosion; elbow treatment was minimal.
Plaintiff resumed full Wal-Mart duties and hours post-injury; plant remained closed for a period; he did not return to ConAgra employment.
Full Commission found a compensable injury to both left elbow and psychological conditions arising from the June 9, 2009 incident; otherwise, notice for the elbow was excused.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of contest after Form 63	Defendant waived by not denying claims within 90 days.	No waiver due to contest or denial timing.	Waiver not found; contested issues preserved.
Whether June 9, 2009 injuries were compensable	Elbow injury and PTSD from the explosion are compensable.	Limited or no compensability for elbow; psychological claim denied or limited.	Both left elbow and psychological conditions found compensable.
Benefits entitlement	Entitled to disability benefits and medical treatment.	Disability limited by earnings and medical restrictions.	Plaintiff entitled to TTD/TPD, medical expenses, and vocational rehab; ongoing partial disability with caps.
Notice under § 97-22	Written notice timely excused due to PTSD and plant shutdown; treatment directed by employer.	Notice was late and prejudicial.	Notice excused for mental injury; not barred for elbow; no prejudice to employer.
Disability extent	Disability from both injuries with wage loss.	Partial disability tied to post-injury earnings and restrictions.	Disability recognized with staged partial disability awards balancing pre- and post-injury earnings.

Harding v. Thomas Howard Co., 256 N.C. 427, 124 S.E.2d 109 (1962) (N.C. Supreme Court 1962) (establishes framework for accidental injury close to work event)
Bursell v. General Electric Company, 172 N.C. App. 73, 616 S.E.2d 342 (2005) (N.C. Court of Appeals 2005) (psychiatric injury can be compensable under same definition as physical injury)
Jordan v. Central Piedmont Community College, 124 N.C. App. 112, 476 S.E.2d 410 (1996) (N.C. Court of Appeals 1996) (establishes mental-physical injury linkage doctrine)
Gregory v. W. A. Brown Sons, 363 N.C. 750, 688 S.E.2d 431 (2010) (N.C. Supreme Court 2010) (notice-related excusal considerations in WC cases)
Knight v. Abbott Laboratories, 160 N.C. App. 542, 586 S.E.2d 544 (2003) (N.C. Court of Appeals 2003) (supports evaluation of medical causation and disability burden)
Pittillo v. N.C. Department of Environmental Health Natural Resources, 151 N.C. App. 641, 566 S.E.2d 807 (2002) (N.C. Court of Appeals 2002) (disability determination standards)
Russell v. Lowe's Product Distribution, 108 N.C. App. 762, 425 S.E.2d 454 (1993) (N.C. Court of Appeals 1993) (disability proof through wage-earning capacity framework)
Hilliard v. Apex Cabinet Co., 305 N.C. 593, 290 S.E.2d 682 (1982) (N.C. Supreme Court 1982) (partial disability methods and wage comparison)
Gregory v. W. A. Brown Sons, 363 N.C. 750, 688 S.E.2d 431 (2010) (N.C. Supreme Court 2010) (notice excusal considerations in WC claims)