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Poe v. Raleigh/Durham Airport Authority12/19/1995
en plaintiff and defendant RDU have been approved by the Industrial Commission. Plaintiff filed a Form 33 Request for Hearing on 15 November 1991, after defendant RDU refused to compensate him for his disability and medical expenses after November 1990.
While there had never been a hearing or an award, per se, by the Industrial Commission prior to the Opinion and Award issued by Deputy Commissioner Willis on 2 September 1993, this lack of formality does not preclude section 97-47 from being applicable to a determination of compensation for plaintiff's disability. See Weaver, 80 N.C. App. 432, 343 S.E.2d 205. Plaintiff's argument does, however, strike a disconsonant chord, since our Supreme Court has specifically stated that it was not the intent of the legislature to require an injured employee to make any showing of a change in condition before his employer would be required to pay for further medical services or treatment needed as a result of his compensable injury . See Hyler v. GTE Products Co., 333 N.C. 258, 425 S.E.2d 698 (1993). Therefore, to the extent that the Commission relied on section 97-47 in its denial of payment to plaintiff for medical services or treatment after April 1991, their action was erroneous and must be reversed.
For the foregoing reasons, the Full Commission's decision must be affirmed with respect to its finding that plaintiff suffered a "temporary flare-up" of a pre-existing injury as a result of the 6 August 1990 on-the-job accident. The Commission's decision is, however, reversed with respect to the Commission's finding that plaintiff did not sustain a substantial change in condition as a result of the 6 August accident, which would warrant a review of its previous awards; and remanded for further proceedings, not inconsistent with this opinion.
Affirmed in part, reversed in part, and remanded.
Judges EAGLES and WALKER concur.
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