 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Crane v. Berry's Clean-Up and Landscaping4/5/2005
Defendants Berry's Clean-Up and Landscaping, Inc. and its insurance carrier, North Carolina Farm Bureau Mutual Insurance Company, appeal from an opinion and award of the North Carolina Industrial Commission awarding plaintiff Jody Crane temporary totaldisability benefits as a result of a back injury. Because our review of the record reveals that the Commission may have rendered its decision under a misapprehension of the law, we reverse and remand this case for further proceedings.
Facts
On Friday, 5 February 1999, Mr. Crane, a landscaper, was changing a rear tractor tire on his employer's backhoe with the help of two co-workers. While Mr. Crane was pulling up on one side of a large star wrench and his co-workers were pushing down, a lug nut broke loose, jerking Mr. Crane. Mr. Crane first felt stiffness in his back and then increasing pain in his lower back and right hip.Mr. Crane had not previously experienced any back problems.
Mr. Crane did not immediately seek medical treatment, but rather returned to work the next week. On Thursday, 11 February 1999, Mr. Crane was climbing out of his employer's dump truck when he felt a "pop" in his back. Mr. Crane reported this incident to his employer and, according to Mr. Crane, "told him it started about a week ago when I did the tractor tire . . . ." Mr. Crane testified that he understood from his employer that, as a matter of policy, he could receive treatment only if he said the injury occurred on 11 February 1999 rather than 5 February 1999. Mr. Crane's employer allowed him to go home and agreed to make arrangements for him to see the company doctor on Monday. Mr. Crane did not return to work the next day even though he was scheduled to work. On Saturday, 13 February 1999, he went to the emergency room complaining of pain in his lower back that extended into his right hip and down his right leg. Records from his examination stated that the injury had happened about a week earlier, but had gotten worse. Also on 13 February 1999, the employer completed a Form 19 "Employer's Report of Injury to Employee." The form stated that the injury occurred on 12 February 1999 when plaintiff was working with a tractor and "pulled wrong or either twisted wrong causing injury to the lower back."
On Monday, 15 February 1999, Mr. Crane was examined by the company doctors, U.S. Healthworks. The U.S. Healthworks records report that Mr. Crane hurt his back on 11 February 1999 while changing a tire and breaking lug nuts loose. U.S. Healthworks removed Mr. Crane from work and referred him for physical therapy and an MRI. When Mr. Crane was evaluated at Pinehurst Rehabilitation Center for Therapy, he reported that his injury was due to trouble when loosening a nut on a large tire he was changing and that the following week he had increased discomfort until he later felt a sharp pinch in his right side when climbing out of a truck.
U.S. Healthworks subsequently released Mr. Crane to return to "light duty" work beginning 3 March 1999 with no lifting of morethan ten pounds; no prolonged standing or walking; no repetitive bending or stooping; and no kneeling, squatting, climbing, pushing, or pulling. Mr. Crane, however, testified that he was unable to return to work due to his severe pain.
On 11 March 1999, Mr. Crane filed a Form 18 with the Industrial Commission. He reported that he had suffered a back injury on 11 February 1999 while "changing a tractor tire on a company tractor." Defendants denied Mr. Crane's claim on 1 April 1999 and, because of that denial, U.S. Healthworks released him from their care.
Following an MRI on 5 June 1999, Mr. Crane was referred to Dr. Martin Chipman, a neurologist. On 15
Page 1 2 3 4 5 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|