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Crane v. Berry's Clean-Up and Landscaping4/5/2005
[Mr. Crane] mentally was able to work" and explained that " e had his pain as the primary problem. I think that was compounded by his depression."
Thus, while we agree the doctors' testimony suggests (1) that they believed that Mr. Crane's depression played a role in his disability and (2) that they had not yet determined the cause of that depression, their testimony also indicates that other work- related factors _ including pain, use of narcotics for that pain, and physical limitations _ joined with the depression to render Mr. Crane unable to work. Even when a work-related injury combines with an entirely separate non-work-related disease or injury, compensation is appropriate upon a showing that the work-related injury significantly contributed to the employee's disability. Weaver v. Swedish Imp. Maint., Inc., 319 N.C. 243, 252, 354 S.E.2d 477, 483 (1987) (holding that employee was entitled to total disability benefits when a compensable heart attack combined with three subsequent non-work-related heart attacks, resulting in a total incapacity to work). The Commission could, therefore, find that Mr. Crane's disability was caused by a work-related accident. We agree with defendants, however, that the record does not support any finding that this disability arose out of the 11 February 1999 exit from the truck as a separate incident from the 5 February 1999 tire -changing incident.
We must, therefore, reverse the Commission's opinion and award and remand for further findings. It appears based on the record before this Court that Mr. Crane did file a claim based on the tire -changing incident and that the Commission could, based on the record, conclude that Mr. Crane was disabled as a result of an injury arising out of that incident. Nonetheless, nothing in this opinion is intended to preclude defendants from raising any defenses that may be available with respect to the 5 February 1999 incident. We simply hold that the record as it appears before this Court does not support the conclusion that Mr. Crane failed to file a claim with respect to the 5 February 1999 incident.
Reversed and Remanded.
Judges BRYANT and ELMORE concur.
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