Webb v. Power Circuit, Inc., No. COA99-1437.
Decision Date | 29 December 2000 |
Docket Number | No. COA99-1437. |
Citation | 141 NC App. 507,540 S.E.2d 790 |
Parties | Jimmy R. WEBB, Employee-Plaintiff, v. POWER CIRCUIT, INC., d/b/a Hoke Electric, Employer-Defendant, and State Auto Insurance Companies, Carrier-Defendant. |
Court | North Carolina Court of Appeals |
Frederick R. Stann, Gastonia, for plaintiff-appellee.
Morris York Williams Surles & Barringer, LLP, by C. Michelle Sain, Charlotte, and Kelly F. Miller, for defendants-appellants. WALKER, Judge.
On 7 November 1996, plaintiff alleges he injured his back while attempting to pick up a drop cord in the course of his employment with defendant Power Circuit, Inc. Plaintiff filed a workers' compensation claim which was denied by defendants. After a hearing, the deputy commissioner found that plaintiff had suffered a specific traumatic injury and awarded plaintiff temporary total disability compensation, medical expenses and attorney fees. Defendants appealed to the Full Commission (Commission) which affirmed the decision of the deputy commissioner.
The Full Commission's findings include, in pertinent part:
Defendants first assign as error the Commission's finding that plaintiff met his initial burden of proving that he is disabled and thus entitled to compensation. "The findings of fact by the Industrial Commission are conclusive on appeal if supported by any competent evidence." Deese v. Champion Int'l Corp., 352 N.C. 109, 115, 530 S.E.2d 549, 552 (2000). This Court Id.
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...as to his pain in determining the extent of incapacity to work and earn wages such pain might cause." Webb v. Power Circuit, Inc., 141 N.C.App. 507, 512, 540 S.E.2d 790, 793 (2000),cert. denied,353 N.C. 398, 548 S.E.2d 159 (2001). Moreover, medical evidence that a plaintiff suffers from gen......
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...as to pain and ability to work is competent evidence as to the employee's ability to work."); see Webb v. Power Circuit, Inc., 141 N.C. App. 507, 512, 540 S.E.2d 790, 793 (2000) (holding that in determining whether a claimant has met his burden of establishing disability, "the Commission mu......
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