Court of Appeals Rules in Emotionally Charged North Carolina Workers’ Compensation Case
North Carolina workers’ compensation experts have been heavily debating the implications of a recent Court of Appeals ruling in the case of Shupe v City of Charlotte. The decision in favor of the claimant (an injured police officer) may have broad public policy repercussions.
Officer Shupe suffered an injury to her right knee while working in the line of duty. This was a compensable injury, pursuant to North Carolina workers’ compensation rules. She got surgery for the problem and went back to work in a “light duty” position for the Charlotte PD. After noticing that her knee continued to be in pain, Shupe sought a second physician opinion. The diagnosis returned was shocking: she had liver and pancreatic cancer.
At the same time, Shupe also needed a second knee surgery. But her oncologist recommended against this surgery because it could compel her to stop taking chemotherapy. So she rescinded her request for the knee surgery and asked for total disability benefits. Her employer argued that she did not deserve total disability for a number of reasons: that the light duty position was “suitable” for her, notwithstanding her knee injury; that her comp award should be “apportioned”; and that what was preventing her from working was her cancer — a non-work related illness — as opposed to her knee injury.
The Court of Appeals dismissed all these arguments and found for the claimant – supporting a lower decision. So Officer Shupe will be able to now get total permanent disability benefits.
If someone you care about faces a similarly challenging situation — regarding a quest to collect benefits, for instance — you can greatly benefit from the counsel of a tested North Carolina workers’ compensation law firm. Often, if you are sick and in pain, you may not have the wherewithal or resources to advocate forcefully for yourself. A good attorney – or a team of attorneys – can make sure that justice is done and that you get the benefits you are entitled to.
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