243 N.C. App. 491
N.C. Ct. App.2015Background
- On April 21, 2010, Johnnie Wilkes (age 62 at accident) was injured in a work-related multi-vehicle collision while driving a City of Greenville truck; he sustained head, rib, neck, back, pelvis, and hip injuries and was hospitalized.
- Employer (City) filed a Form 19 and then a Form 60 admitting compensability for the accident.
- Plaintiff later sought further medical treatment for anxiety and depression and claimed continued total temporary disability. Deputy Commissioner Vilas awarded medical benefits for multiple conditions (including anxiety/depression) and temporary total disability.
- The Full Industrial Commission reversed: it found anxiety and depression not proven as causally related to the accident and terminated temporary total disability for lack of evidence that a job search would be futile; it upheld compensability for tinnitus.
- Wilkes appealed. The Court of Appeals (Davis, J.) reversed in part: it held the Commission misapplied the Parsons presumption regarding additional medical treatment and erred in terminating total temporary disability; the case was vacated and remanded in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Parsons presumption (rebuttable presumption that additional treatment is related to a previously compensable injury) applies where employer admitted compensability via Form 60 and plaintiff seeks treatment for anxiety/depression | Parsons presumption applies because City admitted compensability by Form 60; burden shifts to employer to rebut causal link for additional treatment | Form 60 admitted only certain physical injuries (ribs, neck, left side), not psychological complaints, so Parsons presumption should not apply to anxiety/depression | Court: Parsons presumption applies after Form 60 admission even if the later symptoms are different; Commission misapplied law and must apply presumption on remand |
| Whether Wilkes remained entitled to temporary total disability (i.e., whether a job search would be futile given his restrictions, age, education, IQ, and work history) | Wilkes argued his age, limited education, full-scale IQ of 65, low reading level, and lifelong manual-labor history made seeking sedentary work futile, so he is still totally disabled | City argued Wilkes failed to show a reasonable job search or present vocational evidence proving futility; Commission agreed with City and ended benefits | Court: Plaintiff presented sufficient, uncontradicted evidence of futility (age, education, IQ, work history, reading limitations); burden shifted to City to show available suitable jobs — Commission erred in terminating benefits |
Key Cases Cited
- Parsons v. Pantry, Inc., 126 N.C. App. 540 (presumption that additional medical treatment is related to a previously adjudicated compensable injury)
- Perez v. Am. Airlines/AMR Corp., 174 N.C. App. 128 (Parsons presumption applies where employer admitted compensability via Form 60)
- Carr v. Dep’t of Health & Human Servs. (Caswell Ctr.), 218 N.C. App. 151 (Parsons presumption can apply where later injury/symptoms differ from Form 60 description)
- Peoples v. Cone Mills Corp., 316 N.C. 426 (preexisting age, education, work experience may make job search futile; employee entitled to compensation for actual incapacity)
- Johnson v. City of Winston-Salem, 188 N.C. App. 383 (evidence of limited education/work history and medical limits can establish futility and total disability)