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Metcalf v. MPW Carpentry and Construction8/16/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
Plaintiff began working for MPW Carpentry and Construction (MPW) on 28 April 2000, performing miscellaneous carpentry work. Plaintiff's job duties required lifting heavy objects and involved frequent bending and climbing, as well as working at heights up to thirty feet.
Plaintiff was injured on 19 May 2001 as he and two co-workers were putting felt on a roof. As plaintiff's co-worker was handing a roll of felt to plaintiff, the roll became caught in the rafters. Plaintiff and his co-worker attempted to dislodge the roll by wiggling and shoving it. Plaintiff lost his balance as his co-worker shoved the roll towards plaintiff. As plaintiff lunged forward to stop himself from falling, he twisted his lower body and immediately felt pain in his right side, hip, and leg.
Plaintiff believed the pain would subside, so he waited until the morning of 21 May 2001 to inform his boss of the injury . That same day, plaintiff saw Dr. Thomas Mearns (Dr. Mearns) at Sneads Ferry Clinic. Plaintiff complained of pain in his back and was given muscle relaxers and pain medication. Dr. Mearns also instructed plaintiff not to work for two days and to return on 23 May 2001 for a follow-up appointment. At that appointment, plaintiff complained of pain in his right leg as well as his back. Dr. Mearns referred plaintiff to an orthopedist and recommended that plaintiff remain out of work. Plaintiff again saw Dr. Mearns on 1 June 2001, and Dr. Mearns recommended that plaintiff have magnetic resonance imaging (MRI). Dr. Mearns wrote a note on 11 June 2001 recommending that plaintiff remain out of work pending further evaluation. Dr. Mearns referred plaintiff to Dr. Robert E. Abraham (Dr. Abraham), a neurologist.
Plaintiff filed a claim for his back injury on 3 July 2001. MPW and Southeastern Claim Services (collectively defendants) accepted plaintiff's workers' compensation claim through a Form 60 agreement and began payment of temporary total disability benefits to plaintiff. Plaintiff saw Dr. Abraham at Neurosurgery Consultants on 11 July 2004. Plaintiff reported pain in the middle of his back, his lower back, his right hip, and buttocks, as well as numbness and weakness in his right leg. Dr. Abraham diagnosed plaintiff with right lumbar radiculopathy. Plaintiff underwent a lumbar MRI on 19 July 2001, which yielded normal results. Dr. Abraham recommended that plaintiff undergo physical therapy three times per week and return in four to six months.
Plaintiff completed the physical therapy regime and saw Dr. Abraham on 1 October 2001. Plaintiff informed Dr. Abraham that his back pain had improved, but that he was experiencing groin area and inguinal pain. Dr. Abraham instructed plaintiff to continue his home physical therapy exercises and referred him to a surgeon in order to rule out a right inguinal hernia. Dr. Abraham approved plaintiff's return to work with the restrictions of only lifting up to forty pounds and refraining from wood framing work.
Plaintiff returned to the Sneads Ferry Clinic on 18 October 2001, stating that he was experiencing right groin pain after sexual intercourse. Plaintiff was referred to Dr. Kyle B. Potts (Dr. Potts) at Onslow Surgical Clinic. Dr. Potts examined plaintiff on 22 October 2001 and diagnosed plaintiff with a probable severe groin strain associated with his 19 May 2001 injury. Dr. Potts recommended that plaintiff continue light activity and take Motrin or Advil for pain. Dr. P
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