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[T] Bragg v. Ameristeel2/18/2003
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
Ameristeel and Liberty Mutual Insurance Company (collectively, defendants) appeal from an opinion and award of the Full Commission of the North Carolina Industrial Commission (the Commission) filed 19 November 2001 in favor of Michael Bragg (plaintiff) and affirming the deputy commissioner's opinion and award.
The evidence presented by plaintiff in a 20 July 2000 hearing before the deputy commissioner tends to show plaintiff had beenemployed by Ameristeel or its predecessor since 1977. In 1992, plaintiff was assigned to the position of ladle tender. This position required plaintiff to handle a jackhammer to dislodge steel from the nozzles in the ladles used to hold molten steel. Plaintiff was working overtime in that capacity on 2 April 1999 in the evening shift beginning shortly before 7:00 p.m. After cleaning out the nozzle of a ladle using a jackhammer, which took about fifteen minutes, plaintiff turned around to place the jackhammer out of the way. As he did so, plaintiff felt a sharp pain in his back and legs and dropped the jackhammer. Plaintiff "wobbled" to the shack where his supervisor, Bill Baker (Baker), was located and said a "sharp pain ha hit in back and down legs." Baker refused to allow plaintiff to see the company doctor, since plaintiff had been to the doctor the day before about a cold from which he was suffering. Plaintiff eventually went home and the next morning his wife attempted to make an appointment with the family doctor, Dr. Cardwell. Dr. Cardwell, however, was on vacation and unable to see plaintiff until 7 April 1999.
Medical evidence presented tends to show in July 1996, plaintiff suffered a medial meniscus tear in his left knee while at work. Following knee surgery, plaintiff experienced back, hip and leg pain, and received treatment for a herniated disc as well as other various treatments for continuing back and leg pain, including surgeries for a hernia and a vascular condition in his left leg. In May 1998, Dr. McBride, one of plaintiff's treatingphysicians, diagnosed plaintiff with severe degenerative disc disease at his L5-S1 discs. Subsequent to these various treatments, plaintiff was cleared to return to work without restrictions on 21 September 1998.
Following the 2 April 1999 incident, plaintiff received treatment from both Dr. Cardwell and Dr. McBride, and also underwent surgery to fuse his L4-5 and L5-S1 discs. In a letter dated 20 January 2000, Dr. McBride opined, based on his review of his records, the 2 April 1999 incident aggravated plaintiff's degenerative disc disease ultimately leading to the fusion of the L4-5 and L5-S1 segments of plaintiff's spine. Dr. McBride re- asserted this opinion in a deposition taken on 23 August 2000. Dr. McBride was asked if the 2 April 1999 incident was "significant enough to require laintiff to stop work . . . would that be the type of activity that would contribute in a significant way to . . . aggravation of laintiff's degenerative disc condition . . . ?" Dr. McBride responded, "Yes, sir. I believe so."
An Ameristeel incident report taken by plaintiff's supervisor at 8:40 p.m. on 2 April 1999 contained the following description of the incident: "[plaintiff] had alleged to have hurt his leg and foot when was finished digging out a Noz and returning jack hammer to table." An Ameristeel "Supervisor's
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