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Lakey v. U.S. Airways12/31/2002
g whether plaintiff sought approval of payment for compensation within a reasonable time, (3) in approving the treatment by and through Dr. Dichoso-Wood and (4) in concluding that plaintiff's 17 July 1997 injury was a new injury.
We review these assignments of error to determine (1) whether any competent evidence in the record supports the Commission's findings of fact and (2) whether those findings support the Commission's conclusions of law. McAninch v. Buncombe County Schools, 347 N.C. 126, 131, 489 S.E.2d 375, 378 (1997); Barber v. Going West Transp., Inc., 134 N.C. App. 428, 434, 517 S.E.2d 914, 919 (1999). We note the Commission has the "exclusive authority to find facts necessary to determine workers' compensation awards," and we will not disturb those findings if supported by any competent evidence. Matthews v. Petroleum Tank Service, Inc., 108 N.C. App. 259, 264, 423 S.E.2d 532, 535 (1992).
First, defendants contend the Commission failed to find facts as required by N.C. Gen. Stat. ยง 97-22, which provides:
Every injured employee or his representative shall immediately on the occurrence of an accident, or as soon thereafter as practicable, give or cause to be given to the employer a written notice of the accident,... unless it can be shown that the employer, his agent, or representative, had knowledge of the accident,... but no compensation shall be payable unless such written notice is given within 30 days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the Industrial Commission for not giving such notice and the Commission is satisfied that the employer has not been prejudiced thereby.
This statute requires an injured employee to give notice of her injury to her employer within 30 days in order to obtain compensation for that injury. Id.; Singleton v. Durham Laundry Co., 213 N.C. 32, 195 S.E. 34 (1938); Westbrooks v. Bowes, 130 N.C. App. 517, 528, 503 S.E.2d 409, 416 (1998). However, an employee may be excused from giving notice where (1) she has a reasonable excuse for not giving notice and (2) the employer is not prejudiced by the delayed notice. Westbrooks, 130 N.C. App. at 528, 503 S.E.2d at 416; see Pierce v. Autoclave Block Corp., 27 N.C. App. 276, 278, 218 S.E.2d 510, 511 (1975).
Failure of an employee to provide written notice of her injury will not bar her claim where the employer has actual knowledge of her injury. Davis v. Taylor-Wilkes Helicopter Serv., Inc., 145 N.C. App. 1, 11, 549 S.E.2d 580, 586 (2001); Chilton v. Bowman Gray School of Medicine, 45 N.C. App. 13, 18, 262 S.E.2d 347, 350 (1980). Additionally, the burden is on the employer to show that it was prejudiced. Westbrooks, 130 N.C. App. at 528, 503 S.E.2d at 417. Possible prejudice occurs where the employer is not able to provide immediate medical diagnosis and treatment with a view to minimizing the seriousness of the injury and where the employer is unable to sufficiently investigate the incident causing the injury. Jones v. Lowe's Companies, 103 N.C. App. 73, 404 S.E.2d 165 (1991).
Here, the Commission found, "even if plaintiff failed to give written notice of her accident within 30 days, defendants had notice of the same and have failed to meet the burden of proof that any such failure to give timely written notice of her July 17, 1997 accident prejudiced defendants." Also, the Commission found that plaintiff's injury occurred on defendant U.S. Airways' aircraft, an incident report was made by defendants following the flight and plaintiff saw defendants' appointed physician concerning the injury twice within the 30 days following the injury.
Furthermore, the Commission found that defenda
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