Brim v. Teeter, 051920 NCCA, COA 19-1044

Docket Nº:COA 19-1044
Opinion Judge:YOUNG, JUDGE.
Party Name:KEITH BRIM, Plaintiff, v. HARRIS TEETER and SEDGWICK CLAIMS MANAGEMENT SERVICES, t/p/a, Defendants.
Attorney:The Deuterman Law Group, P.A., by Casey Francis and Jack P. Waissen, for plaintiff-appellee. Pope, Aylward, Sweeney & Stephenson, by Edward A. Sweeney, for defendant-appellant.
Judge Panel:Judges BRYANT and BROOK concur.
Case Date:May 19, 2020
Court:Court of Appeals of North Carolina
 
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KEITH BRIM, Plaintiff,

v.

HARRIS TEETER and SEDGWICK CLAIMS MANAGEMENT SERVICES, t/p/a, Defendants.

No. COA 19-1044

Court of Appeals of North Carolina

May 19, 2020

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

Heard in the Court of Appeals 28 April 2020.

Appeal by defendants from Opinion and Award entered 15 August 2019 by the Industrial Commission No. 16-031771.

The Deuterman Law Group, P.A., by Casey Francis and Jack P. Waissen, for plaintiff-appellee.

Pope, Aylward, Sweeney & Stephenson, by Edward A. Sweeney, for defendant-appellant.

YOUNG, JUDGE.

This appeal arises out of a workplace injury. Because the evidence supports the findings, and the findings of fact support the conclusions of law, the Full Commission's award is affirmed.

I. Factual and Procedural History

On 1 March 2016, Keith Brim ("Brim") slipped and fell at his place of employment, Harris Teeter. Brim was exiting the restroom when he slipped on the wet floor and landed on his left shoulder. Eventually a janitor helped him up. Brim then called his wife to tell her about the fall. Brim's manager, Gerald Taylor ("Taylor"), was out of work the day of the accident, but Brim reported the accident to Taylor three days later. Brim stated that Taylor did not respond or say anything when he informed him of the fall. Brim also told a co-worker Denise Coble ("Coble") about the fall a few days after the accident. Three weeks later, Brim mentioned the fall to Taylor again. Taylor did not report the accident and did not provide a response beyond "I hope you don't fall again."

Following the accident, Brim's shoulder continued to hurt, but he treated the pain with over-the-counter medication and continued to work. Brim used his right arm only to protect the injured left side. On 20 May 2016, Brim mentioned the fall to Taylor again in the parking lot. Later, Taylor called Brim with instructions to return to Harris Teeter to complete an accident report. Taylor also sent Brim to urgent care for treatment.

Brim was not taken out of work when he went to treatment, and there was no improvement in his symptoms after treatment. Brim was assigned light-duty work restrictions and worked under those conditions for a short time, until he requested a full-work duty note so he could continue to work his regular job. Brim's wife testified that Brim requested full duty release because he was on a fixed income and had two special needs children at home. Brim's shoulder continued to worsen so he had surgery. Since his surgery, Brim has not returned to work at Harris Teeter, because they did not have a job for him that would accommodate his restrictions.

Brim filed a claim to the Industrial Commission on 1 March 2016. On 16 August 2017, a Deputy Commissioner filed an Opinion and Award concluding...

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