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