Septuagenarian’s North Carolina Workers’ Compensation Claim Denied by Court of Appeals
On April 6, the Court of Appeals denied a North Carolina workers’ compensation claim made by a 78-year-old truck driver named Louis Watkins. The plaintiff had brought an action against his employer, Trogdon Masonry, and his employer’s insurance company, Stonewood Insurance.
Background on this intriguing case
On May 8, 2007, the Plaintiff drove a trailer to a mechanic shop to replace a flat tire. While waiting for authorization to repair the tire, Mr. Watkins fell on his left hip, leading to an injury known as an acetabular fracture. While being treated for the broken bone, the Plaintiff was tested and found to have blocked coronary arteries. Although he claimed (and an expert physician testified) that a heart attack did NOT cause the fall, his employer and his employer’s insurance company contested his North Carolina workers’ compensation claim by filing a Form 61 with the North Carolina Industrial Commission. The defendants argued that the Plaintiff’s heart condition DID cause his injury — in other words, that the injury resulted from an idiopathic condition and not from his employment.
On August 25, 2008, a Deputy Commissioner found on behalf of the Plaintiff and awarded him compensation. But the Defendants appealed and, on March 23, 2009, managed to reverse the North Carolina workers’ compensation benefits. The Plaintiff then appealed to the Court of Appeals, which examined the claim pursuant to the North Carolina Workers’ Compensation Act. In particular, the Court of Appeals looked at the definition of “compensability,” which is a three-part definition:
1) A Plaintiff’s injury must be caused by an accident.
2) The Plaintiff must show that he or she sustained an injury “out of” employment.
3) The Claimant must show that the injury was sustained during the course of employment.
The Court of Appeals concluded that “competent evidence in the record supports the Commission’s finding of fact… we affirm the Commission’s denial of Plaintiff’s claim for workers’ compensation benefits.”
This case illustrates how difficult it can be to get benefits, even when you have been injured at work and you’ve been be able to convince the NCIC that you should get benefits. For help with your matter, connect with a reputable, trial-proven North Carolina workers’ compensation attorney ASAP.
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