• 18
  • June
    2010

The North Carolina Court of Appeals recently upheld an award of workers' compensation temporary total disability (TTD) benefits to a man injured while performing his job duties as a tire inspector.

The worker was injured when a tire blew out and caused his hand to slam against a metal rim. He sought medical treatment and was later placed on light-duty work restrictions for a period of time. The inspector eventually returned to his full work responsibilities, but soon reported to employer that he was having difficulties with his hand.

The employer informed the inspector that he must either perform his job duties or choose to retire. The worker eventually retired, but then began working as a teacher's assistant about six months later. He then sought TTD benefits from his former employer and the Industrial Commission subsequently awarded him benefits for the six months he was not working.

The employer attempted to argue it was not responsible for paying the full amount of benefits because the employee's problems were not solely caused by the workplace injury. However, the court determined that since no doctor had ever been able to apportion the injury to work-related and non-work-related causes, then it would be too speculative and improper for the court to attempt apportionment the injuries.

The employer also claimed the employee failed to prove he was disabled and was therefore not eligible for TTD benefits. As evidence, the employer claimed the employee's work restrictions had expired prior to his retirement. The employee countered with the opinion of a second doctor who did not lift the work restrictions until after the employee had began working as a teacher's assistant. The court ruled the Industrial Commission was entitled to give either medical opinion more weight and therefore the award was not improper.


Related Resource:

Employer's bid to dole out responsibility for worker's disability falls flat (Risk & Insurance)