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Mayfield v. Hannifin11/15/2005
ignments of error pertaining to the exclusion of Dr. Bartko's August 2002 evidence.
The North Carolina Association of Defense Attorneys has filed a brief amicus curiae in which it argues that barring defense counsel from communicating with treating physicians in the manner at issue in this case constitutes a violation of defendants' equalprotection rights under the North Carolina and United States constitutions. Although defendant has not pressed this argument, it is in any event without merit. Equal protection requires that "all persons similarly situated be treated alike." Richardson v. N.C. Dep't of Correction, 345 N.C. 128, 134, 478 S.E.2d 501, 505 (1996). When distinctions are made among those who are similarly situated _ but no suspect class or fundamental right is involved _ that distinction must only bear a "rational relationship to some legitimate state interest." Id.
Crist and Salaam are founded on the confidential relationship between a patient and his or her physician and the need to protect that relationship. When it comes to protecting the plaintiff's interests in confidentiality, defense counsel and plaintiff's counsel are not similarly situated. Defense counsel is adverse to plaintiff and generally has no obligation to keep information obtained from or regarding plaintiff confidential. On the other hand, plaintiff's counsel is ethically bound to confidentiality, Rev. R. of Prof. Conduct of N.C. State Bar 1.6, 2005 Ann. R. (N.C.) 682, and to zealous advocacy of his or her client's best interests, Rev. R. of Prof. Conduct of N.C. State Bar 0.1 , 2005 Ann. R. (N.C.) 660. In protecting a patient's privacy, there is not the same need to regulate communications between the patient's attorney and the patient's doctor. Thus, the two groups _ defense counsel and plaintiff's counsel _ are not in this instance similarly situated. The amicus' policy arguments regarding the possibility that a plaintiff's counsel might improperly affect a doctor'stestimony are irrelevant to the pertinent question and should be directed to the General Assembly.
Causation of Plaintiff's Left Leg Condition
Defendant next contends that the Full Commission erroneously found that plaintiff's left leg condition was causally related to his compensable back injury . Defendant argues that the Full Commission ignored competent evidence, in the form of Dr. Bartko's and Dr. Kritzer's opinions, and relied on incompetent evidence, in the form of Dr. Roy's opinions.
As our Supreme Court has held, "appellate review of an award from the Commission is generally limited to two issues: (1) whether the findings of fact are supported by competent evidence, and (2) whether the conclusions of law are justified by the findings of fact." Johnson v. Southern Tire Sales & Serv., 358 N.C. 701, 705, 599 S.E.2d 508, 512 (2004). With respect to the findings of fact, this Court "'does not have the right to weigh the evidence and decide the issue on the basis of its weight. The court's duty goes no further than to determine whether the record contains any evidence tending to support the finding.'" Deese v. Champion Int'l Corp., 352 N.C. 109, 115, 530 S.E.2d 549, 552 (2000) (quoting Anderson v. Lincoln Constr. Co., 265 N.C. 431, 434, 144 S.E.2d 272, 274 (1965)). " his Court is bound by such evidence, even though there is [other] evidence that would have supported a finding to the contrary." Porterfield v. RPC Corp., 47 N.C. App. 140, 144, 266 S.E.2d 760, 762 (1980). Moreover, the Commission is "'the sole judge of the credibility of the witnesses and the weight to be given their testimony.'" Melton v. City of Rocky Mount, 118 N.C. App. 249, 255, 454 S.E.2d 704, 708 (quoting Hilliard v. Apex Cabinet Co.,
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