Hedges v. Wake County Pub. Sch. System
Decision Date | 07 September 2010 |
Docket Number | No. COA09-1305.,COA09-1305. |
Citation | 699 S.E.2d 124 |
Parties | Candace HEDGES, Employee, Plaintiff-Appellee,v.WAKE COUNTY PUBLIC SCHOOL SYSTEM, Employer, Self-Insured,Key Risk Management Services, Servicing Agent, Defendants-Appellants. |
Court | North Carolina Court of Appeals |
Appeal by Defendants from opinion and award entered 10 July 2009 by the North Carolina Industrial Commission. Heard in the Court of Appeals 23 February 2010.
Hardison & Cochran P.L.L.C., by Benjamin T. Cochran, Raleigh, for Plaintiff-Appellee.
Teague, Campbell, Dennis & Gorham, LLP, by Dayle A. Flammia and Heather T. Baker, Raleigh, for Defendants-Appellants.
Candace Hedges (Plaintiff) was injured at work on 1 June 2007 when she walked into a workroom at Reedy Creek Elementary School to make copies of payroll materials. Plaintiff stumbled and fell as she entered the workroom. In a recorded statement to a representative of Key Risk Management Services (Defendant-Insurer), Plaintiff stated that: The Commission found that Plaintiff, carrying paperwork in her left arm, was unable to catch or steady herself, and fell to the floor. Plaintiff landed with her full weight on her right arm. Plaintiff experienced pain in her right arm and notified her supervisor of her injury. Plaintiff sought medical care at an urgent care center that day. At the urgent care center, Plaintiff received an xray of her arm, along with a sling and pain medication. She had a follow-up visit four days later and the urgent care center recommended that she see an orthopaedic.
Dr. Hadley Calloway (Dr. Calloway) of Raleigh Orthopaedic examined Plaintiff on 10 July 2007. An MRI revealed that Plaintiff had a massive rotator cuff tear with proximal retraction. Dr. Calloway noted that Plaintiff reported experiencing no right shoulder problems prior to her 1 June 2007 injury. Defendant-Insurer informed Plaintiff on 13 July 2007 that her claim had been denied. Dr. Calloway performed an arthroscopic repair of a complete rotator cuff tear in Plaintiff's right shoulder, an arthroscopic subacromial decompression of her right shoulder, and a mini-open distal clavicle excision on 9 August 2007. Plaintiff returned to part-time work for the Wake County Public School System (Defendant-Employer) on 1 November 2007, and to full-time work on 28 January 2008, with restrictions on lifting and overhead use of her right arm. On 4 March 2008, Dr. Calloway assigned a twenty percent permanent partial disability rating for Plaintiff's right arm.
A hearing was conducted on 6 May 2008 before Deputy Commissioner Kim Ledford. In an opinion and award filed 8 December 2008, the deputy commissioner concluded that Plaintiff had sustained a compensable injury by accident arising out of and in the course of her employment with Defendant-Employer. Defendants appealed the 8 December 2008 opinion and award to the Commission. In an opinion and award filed 10 July 2009, the Commission affirmed the deputy commissioner's 8 December 2008 opinion and award. Defendants appeal.
Defendants argue on appeal that: (1) Plaintiff's fall was not a compensable injury by accident as defined by N.C. Gen.Stat. § 97-2(6) and (2) the Commission erred in awarding attorney's fees to Plaintiff pursuant to N.C. Gen.Stat. § 97-88.1. We conclude that the Commission's findings of fact and conclusions of law regarding the compensability of Plaintiff's claim were supported by competent evidence and the applicable law. In addition, we affirm the Commission's decision to award attorney's fees to Plaintiff under N.C. Gen.Stat. § 97-88.1.
“It is well established in North Carolina that the Workers' Compensation Act should be liberally construed and that ‘ “[w]here any reasonable relationship to employment exists, or employment is a contributory cause, the court is justified in upholding the award as ‘arising out of employment.’ ” ' ” Hollin v. Johnston Cty. Council on Aging, 181 N.C.App. 77, 84, 639 S.E.2d 88, 93 (2007) (quoting Kiger v. Bahnson Service Co., 260 N.C. 760, 762, 133 S.E.2d 702, 704 (1963)). Furthermore, “ ‘[a]n opinion and award of the Industrial Commission will only be disturbed upon the basis of a patent legal error.’ ” Billings v. General Parts, Inc., 187 N.C.App. 580, 585, 654 S.E.2d 254, 258 (2007) (quoting Roberts v. Burlington Indus., Inc., 321 N.C. 350, 354, 364 S.E.2d 417, 420 (1988)). Lastly, “[t]he evidence tending to support plaintiff's claim is to be viewed in the light most favorable to plaintiff, and plaintiff is entitled to the benefit of every reasonable inference to be drawn from the evidence.” Adams v. AVX Corp., 349 N.C. 676, 681, 509 S.E.2d 411, 414 (1998) (citation omitted).
“For an injury to be compensable under the Worker's Compensation Act, the claimant must prove three elements: (1) that the injury was caused by an accident; (2) that the injury was sustained in the course of the employment; and (3) that the injury arose out of the employment.” Hollar v. Furniture Co., Inc., 48 N.C.App. 489, 490, 269 S.E.2d 667, 669 (1980).
First, there is no dispute that Plaintiff's injury was sustained in the course of her employment. Plaintiff was on the premises of Defendant-Employer where the duties of her employment required her to be, the accident occurred during working hours, and Plaintiff was engaged in the performance of her duties or in activities incidental thereto. See, e.g., Taylor v. Twin City Club, 260 N.C. 435, 437-38, 132 S.E.2d 865, 867 (1963).
Second, in this case, there was an “accident.” “An accident is ‘an unlooked for and untoward event which is not expected or designed by the person who suffers the injury.’ ” Ferreyra v. Cumberland Cty., 175 N.C.App. 581, 583-84, 623 S.E.2d 825, 827 (2006) (quoting Adams v. Burlington Industries, 61 N.C.App. 258, 260, 300 S.E.2d 455, 456 (1983)). Taylor, 260 N.C. at 437, 132 S.E.2d at 867 (internal citations omitted). Despite Defendants' arguments to the contrary, an injury that is the result of a fall, which itself stems from an event that results from both the employee's normal work routine and normal conditions, may still constitute an “accident.” See Robbins v. Hosiery Mills, 220 N.C. 246, 247, 17 S.E.2d 20, 20-21 (1941) ( ).
Third, Plaintiff must prove that her injury arose out of the course of her employment with Defendant-Employer. “ ‘Arising out of’ employment relates to the origin or cause of the accident.” Taylor, 260 N.C. at 438, 132 S.E.2d at 867 (citing Lockey v. Cohen, Goldman & Co., 213 N.C. 356, 196 S.E. 342 (1938)). “The question of whether an injury ‘arises out of employment’ is a mixed question of law and fact and our review is limited to whether ‘the findings and conclusions are supported by competent evidence.’ ” Mills v. City of New Bern, 122 N.C.App. 283, 284, 468 S.E.2d 587, 589 (1996) (citation omitted). “Where any reasonable relationship to the employment exists, or employment is a contributory cause, the court is justified in upholding the award as ‘arising out of employment.’ ” Allred v. Allred-Gardner, Inc., 253 N.C. 554, 557, 117 S.E.2d 476, 479 (1960) (citations omitted).
The Commission identified the reason why the outcome of the fall could not be mitigated, corrected, or prevented, but it did not find the origin or cause of the fall. Also, based on the record, the origin or cause of the fall is apparently unknown or undisclosed; therefore, we apply case law unique to unexplained fall cases. When a fall is unexplained, and the Commission has made no finding that any force or condition independent of the employment caused the fall, then an inference arises that the fall arose out of the employment. Slizewski v. Seafood, Inc., 46 N.C.App. 228, 232, 264 S.E.2d 810, 813 (1980).
We note that the decisions of our appellate courts have clearly stated that causation is still a requirement when evaluating the “arising out of” employment prong of unexplained fall workers' compensation cases: “ ‘Arising out of’ employment relates to the origin or cause of the accident.” Taylor, 260 N.C. at 438, 132 S.E.2d at 867 (citation omitted). In Taylor, our Supreme Court further affirmed that claimants in workers' compensation cases involving unexplained falls still bear the burden of proving causation, but found the following sufficient to meet that burden:
It has been suggested that this result in unexplained-fall cases relieves claimants of the burden of proving causation. We do not agree. The facts found by the Commission in the instant case permit the inference that the fall had its origin in the employment. There is no finding that any force or condition independent of the employment caused or contributed to the accident. The facts found indicate that, at the time of the accident, the employee was within his orbit of duty on the business premises of the employer, he was engaged in the duties of his employment or some activity incident thereto, he was exposed to the risks...
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