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Craven v. VF Corp.12/21/2004
PUBLISHED
Defendants VF Corporation ("VF") d/b/a/ The Lee Apparel Company, Inc. d/b/a/ VF Jeans-Wear Limited Partnership and Gallagher Bassett Services, Inc. ("GBS") appeal from an Opinion and Award of the North Carolina Industrial Commission, contending that: (1) the Industrial Commission's Finding of Fact No. 21, to the extent it suggests a causal relationship between Craven's back injury and mental condition, is not supported by competent evidence; (2) the Industrial Commission's Conclusion of Law No. 3, insofar as it relates to Craven's mental condition, is not supported by competent findings of fact; (3) the Industrial Commission's Award No. 2, insofar as it relates to Craven's mental condition, is not supported by the Findings of Fact and Conclusions of Law; (4) the Industrial Commission erred in failing to find as a fact that Craven did not offer evidence that the medical treatment rendered by Drs. Bell and Holthusen, Forsyth Medical Center, and Maplewood Family Practice was necessary to effect a cure, to give relief, or to lessen Craven's period of disability; and (5) the Industrial Commission erred in failing to conclude as a matter of law that the medical treatment rendered by Drs. Bell and Holthusen, Forsyth Medical Center, and Maplewood Family Practice was not necessary to effect a cure, to give relief, or to lessen Craven's period of disability. For the reasons stated herein, we disagree and affirm the Industrial Commission's Opinion and Award.
The procedural and factual history of the instant appeal is as follows: Craven worked as a jeans inspector at VF in Winston-Salem, North Carolina, where she was responsible for identifying and sorting irregular jeans. Craven's job , which she worked four days per week, ten hours per shift, involved lifting boxes of jeans weighing up to thirty pounds. While Craven was injured once before on the job when a bag of jeans hit her head and neck, she did not file a workers' compensation claim. Craven had no difficulty performing her duties until 28 March 2000.
The record further shows that when Craven arrived at work on 28 March 2000, her workstation was "a mess." Boxes of irregular jeans were everywhere because the employee who usually worked the shift prior to Craven did not show up to work. Craven reported to her manager that she needed assistance to process the backlog. Help was promised but never delivered. In picking up a box of jeans from the floor, Craven felt her back pop, then burn. Pain radiated to her hip and leg and she nearly passed out. At her break, Craven reported the injury to supervisors. On 29 March 2000, Craven was incapable of performing the lifting required at her job . Management arranged for medical care at PrimeCare, VF's health care provider. Primecare returned Craven to light duty work that could be performed standing or sitting and that involved less lifting.
On 10 April 2000, Craven visited her family physician, Dr. Keith Van Zandt, who noted that Craven had no history of back trouble. Dr. Van Zandt found tenderness and a strain and later diagnosed Craven with, inter alia, "very diffuse tenderness and muscle tightness in her upper and lower back" and "fairly marked spasms[.]" On 12 April 2004, Craven was evaluated by Novant Health; Craven was ordered to receive physical therapy twice a week for four weeks. Craven was seen again by Dr. Van Zandt's office, put on prescription medication for her condition, and temporarily taken out of work. On 15 May 2000, Craven was also seen by Dr. Greg Holthusen, an orthopedist for whose services Defendants refused to pay. Dr. Holthusen believed Craven to have a musculo-ligamentous injury. On 28 May 2000, Craven was treated at the Forsyth Medical Center for sev
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