White v. Hall
I.C. NO. 976386.
| N.C. Indus. Comm. | Mar 14, 2011Background
- Plaintiff, a 51-year-old legal assistant, sues Defendants under the North Carolina Workers' Compensation Act for occupational diseases involving bilateral upper extremities.
- Plaintiff worked for Defendant-Employer since October 2002; on May 9, 2008, she reported elbow, wrist, and finger problems related to job duties.
- Defendants carried workers' compensation coverage; Plaintiff underwent multiple surgeries between 2003 and 2008 for upper-extremity conditions.
- Medical opinion evidence attributed causation to Plaintiff's duties as a legal assistant; Ergonomic analysis offered competing, less favorable causation.
- The Full Commission found certain conditions were compensable occupational diseases and that Defendants owe disability benefits and medical expenses, with credits for long-term disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Plaintiff's conditions compensable occupational diseases? | Krakauer/Tuttle causation inclines to work-related. | Ergonomic analysis shows no excess occupational risk. | Yes; Plaintiff proved compensable conditions. |
| Is Plaintiff entitled to workers' compensation benefits? | Disability and medical benefits required. | Defense contention contested causation and duration. | Yes; temporary total and ongoing benefits awarded, with medical coverage. |
| Was notice of the claim timely? | Notice given within a reasonable period after medical causation was established. | Written notice not timely. | Not barred; notice deemed reasonable and timely. |
| Was filing of Form 18 timely? | Form 18 filed within two-year window, after medical causation was established. | Filing delayed. | Timely under two-year occupational disease rule; within statutory period. |
| Is there a credit for long-term disability payments? | Disability benefits are recoverable from employer. | Credit may apply to overlapping benefits. | Defendants receive a credit for long-term disability paid to Plaintiff. |
Key Cases Cited
- Rutledge v. Tultex Corp./King's Yarn, 308 N.C. 85 (1983) (occupational disease elements and increased risk standard)
- Dowdy v. Fieldcrest Mills Inc., 308 N.C. 701 (1983) (two-year filing period for occupational disease starts when incapacity arises and cause is medically established)
- Russell v. Lowes Prod. Distrib., 108 N.C. App. 762 (1993) (disability duration considerations in awards)
- Holley v. ACTS, Inc., 357 N.C. 228 (2003) (evaluating causation and exposure in occupational disease claims)
- Young v. Hickory BusinessFurniture, 353 N.C. 227 (2000) (causation and risk in occupational disease context)