Thomas v. Richmond Yarns Inc.
I.C. NO. 193743.
| N.C. Indus. Comm. | Aug 26, 2011Background
- Plaintiff injured his left index finger on October 30, 2008 while employed by Richmond Yarn, Inc.; claim accepted by Synergy Coverage Solutions.
- Initial treatment found no fracture; underwent physical therapy and conservative care; released to work with no restrictions in February 2009, then with limited lifting restriction thereafter.
- By mid-2009 Plaintiff’s condition improved; no restrictions reissued in August/September 2009; full duty releases issued and Form 24 application submitted by Defendants.
- Form 24 was approved September 2, 2009, effective July 30, 2009, but Defendants had already paid benefits through September 3, 2009.
- Maximum medical improvement reached October 1, 2009; Dr. Brenner listed 20% initially, later credited 10% PPD, averaging to 15% PPD for the finger.
- Plaintiff’s Form 22 wages show 18.71 weeks of work prior to injury; disputes over calculation and overpayments/underpayments led to offset calculations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to 15% PPD for the finger | Plaintiff seeks proper PPD based on medical ratings. | Defendants argue the correct PPD calculation supports their offset. | Plaintiff awarded 15% PPD for the finger. |
| Credit/offset for overpayment under § 97-42 | Overpayments were not due and payable when terminated by Form 24; credits contested. | Credit allowed for overpayments under § 97-42 after Form 24 approval. | Defendants awarded an offset of $961.68 for overpayment. |
Key Cases Cited
- Bond v. Foster Masonry, Inc., 139 N.C. App. 123, 532 S.E.2d 583 (2000) (defines the 52-week method for calculating average weekly wage)
- Moretz v. Richards Assoc., Inc., 316 N.C. 539, 342 S.E.2d 844 (1986) (formality of offset considerations for overpayments)
- Estes v. N.C. State Univ., 102 N.C. App 52, 401 S.E.2d 384 (1991) (further interpreted overpayment offset principles)
- Cross v. Falk Integrated Techs., Inc., 190 N.C. App. 274, 661 S.E.2d 249 (2008) (discusses timing and entitlement of disability payments relative to Form 24)
- McAninch v. Buncombe County Schools, 347 N.C. 126, 489 S.E.2d 375 (1997) (exceptional methods for computing average weekly wage)