Williams v. City of Wilmington
I.C. NO. 138809.
| N.C. Indus. Comm. | Nov 1, 2010Background
- Plaintiff, age 46 at hearing, has 11th grade education and an associate degree in Business Administration (2002).
- Plaintiff has a work history including receptionist, postal carrier, and domestic work before joining the defendant-employer, where she held various office roles.
- Employment with defendant-employer began by at least September 19, 2008, with job duties involving heavy data entry and typing (about 60-75% of time).
- Plaintiff developed right hand/wrist problems (carpal tunnel, trigger finger) beginning in 2001, with intermittent treatment and workstation adjustments.
- Open right carpal tunnel release and right trigger finger release were performed on September 22, 2008, followed by light-duty work restrictions through October 13, 2008.
- Medical causation opinions by Dr. Bahner and Dr. Moore linked plaintiff’s symptoms to repetitive typing/data entry at work, with Dr. Moore noting increased risk due to repetitive activity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are plaintiff's carpal tunnel and trigger finger compensable occupational diseases? | Plaintiff contends work-related repetitive typing caused the conditions. | Defendant argues no work-related accident or occupational disease established. | Yes; compensable occupational diseases proven. |
| Did plaintiff’s workplace typing create an increased risk and causation for the conditions? | Workload typing significantly contributed and increased risk. | No proof of causation or increased risk attributable to work. | Yes; work significantly contributed and increased risk established. |
| Is plaintiff entitled to temporary total disability and related medical care? | Disability from Sept 22 to Oct 13, 2008 due to surgery and recovery. | Limited or no liability without clear causation; offset considerations apply. | Award of temporary total disability and authorized medical care within statutory framework. |
| Are there offsets or credits for sick leave and how is notice treated? | Sick leave restoration due; notice delays reasonably excused. | Credit for sick leave funds may apply and notice requirements strict. | Defendant credited for sick leave; plaintiff entitled to restoration of sick leave. |
Key Cases Cited
- Booker v. Medical Center, 297 N.C. 458 (1979) (occupational disease elements for § 97-53(13))
- Gay v. J.P.Stevens Co., 256 S.E.2d 490 (1986) (burden on claimant to prove occupational disease)
- Henry v. Leather Co., 66 S.E.2d 693 (1951) (tenosynovitis/trauma causation principle)
- Estes v. N.C. State University, 365 S.E.2d 160 (1988) (credit/offset considerations for employer paid benefits)
