Thomas v. Contract Core Drilling & Sawing
209 N.C. App. 198
| N.C. Ct. App. | 2011Background
- Thomas sustained a left knee injury on Oct 4, 2007 while working as a concrete cutter; he stepped into a lower 'step down' and injured his knee.
- Initial medical restrictions limited him to reduced walking and seated work; he attempted to work on Oct 5, 2007 but could not continue.
- Stonewood Insurance denied the claim on Oct 22, 2007, contending the injury did not arise out of employment; Thomas was subsequently terminated from Contract Core Drilling & Sawing.
- Thomas filed an IC Form 33 on Jan 3, 2008 seeking compensation for missed days, medical expenses, and permanent partial disability.
- Medical treatment in 2008 revealed chondromalacia and a meniscus tear; surgery occurred on Aug 9, 2008, with later testimony that the 2007 injury aggravated pre-existing conditions.
- The Deputy Commissioner awarded temporary total disability through Nov 13, 2008; the Full Commission reserved issues on permanent partial disability and later extent of disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is interlocutory and premature | Thomas argues the finding that the injury was caused by accident should be reviewable. | Thomas contends the appeal should be allowed on the challenged issues. | Appeal dismissed as interlocutory. |
| Whether the Commission properly found the injury occurred by accident | Thomas contends the accident finding implicates a substantial right. | Defendants argue the record does not support the accident finding and merits review. | Court did not reach merits due to interlocutory dismissal. |
Key Cases Cited
- Berardi v. Craven County Schools, N.C.App. (2010) (interlocutory appeal rule and final judgment concept in WC cases)
- Cash v. Lincare Holdings, 181 N.C.App. 259, 639 S.E.2d 9 (2007) (rule on when appeals are premature or interlocutory)
- Watts v. Hemlock Homes of Highlands, Inc., 160 N.C.App. 81, 584 S.E.2d 97 (2003) (interlocutory award lacks final determination of compensation amount)
- Perry v. N.C. Dept. of Corr., 176 N.C.App. 123, 625 S.E.2d 790 (2006) (substantial right test in interlocutory appeals in WC context)
- Ward v. Wake Cty. Bd. of Educ., 166 N.C.App. 726, 603 S.E.2d 896 (2004) (two-part substantial rights framework in interlocutory appeals)