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Fowler v. Food Lion6/7/2005
an effect on the condition of her back and obesity exacerbates the degenerative process in the back. A Food Lion deli manager, Bertina Norton, who worked with plaintiff testified that plaintiff frequently had complained of back pain prior to July of 2001. She also testified plaintiff had told her she had back problems for a while and had been advised she would need surgery, but that she had not been able to afford the surgery. Bertina Norton stated her only knowledge of the incident on 10 January 2001 was the result of being told of it by one of the cake decorators, Brenda Norton (no relation). Bertina Norton testified that plaintiff did not report the incident until 5 February 2001 when plaintiff told her she was having back problems related to the 10 January 2001 fall.
Brenda Norton testified at deposition that she worked closely with plaintiff and interacted with her on a daily basis. Brenda Norton stated plaintiff had mentioned her back was hurting many times prior to 10 January. She stated that on 10 January 2001, she "heard a commotion" and when she stepped around the corner in the deli she saw plaintiff on her knees on the floor. Plaintiff told her that her leg had given way and it did so on occasion. According to Brenda Norton, a few days after the incident she had a conversation with plaintiff during which plaintiff stated she had figured she could get workers' compensation , have her back surgery and stay out of work until the new Wal-Mart was built and then go to work there.
Deputy Commissioner Theresa Stephenson found that plaintiff had suffered compensable injuries to her back on 18 July 2001 and 10 January 2002 which arose out of her employment with defendantFood Lion. Commissioner Stephenson awarded plaintiff temporary total disability in the amount of $271.01 per week from 6 February 2002 until further order of the Commission and payment of medical expenses. Defendants appealed Deputy Commissioner Stephenson's Order and Award to the full Commission. The full Commission affirmed the Opinion and Award of Deputy Commissioner Stephenson with minor modifications to the Opinion. Defendants appeal from the Opinion and Award of the full Commission.
Defendants assign as error all but two of the Commission's findings of fact on the basis that they are not supported by competent evidence. Defendants further assign as error the Commission's failure to make findings of fact regarding the credibility of several of the witnesses in the matter. Defendants also assign error to the Commission's conclusions of law regarding the compensability of plaintiff's back injuries arising from the incidents occurring on 18 July 2001 and 10 January 2002, the compensation to which plaintiff is entitled as a result of those injuries, and the plaintiff's entitlement to the payment of her medical expenses by defendants. Finally, defendants assign error to the Commission's award in its entirety.
On appeal of a workers' compensation decision by the full Commission our review is limited to determining whether the Commission's findings of fact are supported by competent evidence and if those findings of fact support the Commission's conclusions of law. Deese v. Champion Int'l Corp., 352 N.C. 109, 116, 530 S.E.2d 549, 553 (2000). In reviewing the Commission's findings offact we must determine only whether the record contains any evidence tending to support facts found by the Commission and not weigh the evidence presented to the Commission or decide the case on the basis of the weight of the evidence. Adams v. AVX Corp., 349 N.C. 676, 681, 509 S.E.2d 411, 414 (1998).
Defendants fail to present any argument demonstrating that any of the Commission's findings of fact are not support
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