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Williams v. City of Wilmington
I.C. NO. 138809.
| N.C. Indus. Comm. | Nov 1, 2010
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Background

  • 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)
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Case Details

Case Name: Williams v. City of Wilmington
Court Name: North Carolina Industrial Commission
Date Published: Nov 1, 2010
Docket Number: I.C. NO. 138809.
Court Abbreviation: N.C. Indus. Comm.