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Thompson v. Fedex ground/rps
I.C. NO. 125834.
| N.C. Indus. Comm. | Jan 27, 2011
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Background

  • Plaintiff, a 65-year-old FedEx Ground employee, sustained a compensable back and neck injury on December 16, 2000; claim accepted via Form 60 on August 8, 2001 with disability began May 22, 2001.
  • Stipulations: the North Carolina Workers' Compensation Act applies, an employee-employer relationship existed, and defendant-employer is FedEx Ground/RPS with Crawford Company as claims administrator.
  • Plaintiff has been diagnosed with myofascial pain syndrome, fibromyalgia, and related conditions requiring mobility aids and ongoing pain management.
  • Medical opinions on causation are mixed: some physicians link chronic pain to the December 2000 injury; others attribute symptoms to non-occupational or psychological factors, or dispute fibromyalgia diagnosis.
  • Full Commission ultimately found plaintiff’s ongoing problems largely self-induced/psychological and not causally related to the December 2000 injury; Dr. Motyka was not authorized as treating physician except for a limited period in 2001.
  • Award: no additional disability benefits; defendants must pay medically related expenses for the back injury (subject to statutory procedures) excluding Dr. Motyka’s treatment except for April 24, 2001 through June 26, 2001; Dr. Motyka not authorized treating physician.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Are fibromyalgia and myofascial pain with vision issues causally related to the 2000 injury? Plaintiff argues the conditions were caused or aggravated by the December 16, 2000 injury. Defendant contends the conditions are not causally linked to the injury and may be self-induced or psychogenic. Not proven; no direct causal link established.
Is any continuing disability or related medical expenses awardable to the plaintiff? Plaintiff contends ongoing disability and associated medical costs are compensable. Defendant argues no continuing disability is causally related to the injury and limits medical expenses accordingly. Denied; no continuing disability; medical expenses awarded only for the back injury under statute, with Motyka's treatment excluded except for limited period.

Key Cases Cited

  • Holley v. ACTS, Inc., 357 N.C. 228 (N.C. 2003) (causation evidence must meet reasonable degree of medical certainty)
  • Click v. Pilot Freight Carriers, Inc., 300 N.C. 164 (N.C. 1980) (expert medical opinion required for complex causal questions)
  • Russell v. Lowe's Product Distribution, 108 N.C. App. 762 (N.C. App. 1993) (disability causation standards in workers' compensation)
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Case Details

Case Name: Thompson v. Fedex ground/rps
Court Name: North Carolina Industrial Commission
Date Published: Jan 27, 2011
Docket Number: I.C. NO. 125834.
Court Abbreviation: N.C. Indus. Comm.