 |
 |
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
June 1999, Mr. Crane provided a history to Dr. Chipman, stating that he sustained an injury while changing a tire on 5 February 1999 followed by a "pop" in his back on 11 February 1999 when he exited a truck. When Mr. Crane's condition did not improve with conservative treatment, Dr. Chipman referred him to Dr. Kevin Vaught, a neurosurgeon. Dr. Vaught diagnosed a severe lumbar strain and severe spinal stenosis at L4 with clear neurogenic claudication symptoms. He recommended surgery that was performed on 15 October 1999.
Following the surgery, Dr. Vaught referred Mr. Crane to a pain management clinic where Mr. Crane saw Dr. Kenneth Oswalt. Dr. Oswalt's report of Mr. Crane's medical examination on 18 April 2000indicated that the date of the onset of Mr. Crane's condition was 5 February 1999. Dr. Oswalt found that Mr. Crane suffered from chronic pain secondary to post-laminectomy syndrome of the lumbar spine, piriformis muscle syndrome of the right lower extremity, and bilateral L4-L5 facet joint syndrome. Dr. Oswalt also diagnosed Mr. Crane as suffering from depression. Dr. Oswalt explained that he had not determined the cause of the depression, but he noted that Mr. Crane had no history of any problems with depression prior to the injury.
In an opinion and award filed 28 February 2002, the deputy commissioner awarded plaintiff temporary total disability benefits beginning 12 February 1999 after concluding that Mr. Crane had sustained injuries by accident on 5 February 1999 and 11 February 1999. Defendants appealed to the Full Commission. On 6 May 2003, the Full Commission issued an opinion and award affirming and modifying the deputy commissioner's order. The Full Commission found that Mr. Crane had injured himself while changing a tractor tire on 5 February 1999 and had felt a "pop" while exiting his employer's truck on 11 February 1999. Although the Commission further found that Mr. Crane reported both incidents to his employer, it stated that he "did not file a claim with respect to [the 5 February 1999] incident." The Commission concluded nonetheless that Mr. Crane's disability arose out of the 11February 1999 incident and that he was accordingly entitled to temporary total disability benefits beginning 12 February 1999. Defendants timely appealed.
Standard of Review
On appeal from a decision of the Industrial Commission, this Court must determine "'whether the record contains any evidence tending to support the [Commission's] 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)). If those findings of fact are supported by competent evidence, they are conclusive on appeal even though there may be substantial evidence that would support findings to the contrary. Id., 530 S.E.2d at 552-53. This Court then determines whether the findings of fact support the Commission's conclusions of law, which we review de novo. Boney v. Winn Dixie, Inc., 163 N.C. App. 330, 331, 593 S.E.2d 93, 95 (2004).
Discussion
Under the Workers' Compensation Act, an employee who has sustained disability as a result of a back injury is entitled to compensation when the back injury was "the direct result of a specific traumatic incident of the work assigned." N.C. Gen. Stat. ยง 97-2(6) (2003). In their brief on appeal, defendants have not contested the Full Commission's finding of fact that Mr. Crane wasinjured when trying to change a tractor tire on a backhoe on 5 February 1999.
With respect, however, to 11 February 1999, defendants argue first that the evidence does not support the Commission's finding that a specific traumatic inci
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.
|
|