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20 North Carolina opinions name it 3 courts 1985–2017 0 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Morrison v. Burlington Industriesgreen2 sentences2000Although the findings of fact made by the Commission are conclusive upon appeal when supported by competent evidence, Morrison v. Burlington Indus., 304 N.C. 1, 6 , 282 S.E.2d 458, 463 (1981), the Commission’s conclusions of law are fully reviewable, Long v. Morganton Dyeing & Finishing Co., 321 N.C. 82, 86 , 361 S.E.2d 575, 577 (1987). 2000Although the findings of fact made by the Commission are conclusive upon appeal when supported by competent evidence, Morrison v. Burlington Indus., 304 N.C. 1, 6 , 282 S.E.2d 458, 463 (1981), the Commission’s conclusions of law are fully reviewable, Long v. Morganton Dyeing & Finishing Co., 321 N.C. 82, 86 , 361 S.E.2d 575, 577 (1987). | 2 | 2 |
Whitley v. Columbia Lumber Mfg. Co.green2 sentences1994Co., 318 N.C. 89, 95-96 , 348 S.E.2d 336, 340 (1986), an employee entitled to permanent partial disability benefits under section 97-31 of the Act, but also, because his injuries render him totally and permanently disabled, entitled to permanent total disability benefits under section 97-29, may select the more favorable remedy. 1994Co., 318 N.C. 89, 95-96 , 348 S.E.2d 336, 340 (1986), an employee entitled to permanent partial disability benefits under section 97-31 of the Act, but also, because his injuries render him totally and permanently disabled, entitled to permanent total disability benefits under section 97-29, may select the more favorable remedy. | 1 | 2 |
Collins v. Speedway Motor Sports Corp.green2 sentences2008App. 113, 119 , 598 S.E.2d 185, 190 (2004). 2008Thus, “[w]here an employee can show both a disability pursuant to G.S. §§ 97-29 or 97-30 and a specific physical impairment pursuant to G.S. § 97-31, he may not collect benefits pursuant to both schemes, but rather is entitled to select the statutory compensation scheme which provides the more favorable remedy.” Collins v. Speedway Motor Sports Corp., 165 N.C. | 1 | 1 |
Saums v. Raleigh Community Hospitalgreen2 sentences2004Id. “[Disability is defined by a diminished capacity to earn wages, not by physical infirmity.” Saums v. Raleigh Community Hospital, 346 N.C. 760, 764 , 487 S.E.2d 746, 750 (1997). 2004Id. “[Disability is defined by a diminished capacity to earn wages, not by physical infirmity.” Saums v. Raleigh Community Hospital, 346 N.C. 760, 764 , 487 S.E.2d 746, 750 (1997). | 1 | 1 |
Franklin v. Broyhill Furniture Industriesgreen2 sentences2002Plaintiff cites Franklin v. Broyhill Furniture Indus., 123 N.C.App. 200, 204-05 , 472 S.E.2d 382, 385 (1996), for the proposition that once an employee reaches maximum medical improvement she may seek to establish permanent incapacity. 2002Plaintiff cites Franklin v. Broyhill Furniture Indus., 123 N.C.App. 200, 204-05 , 472 S.E.2d 382, 385 (1996), for the proposition that once an employee reaches maximum medical improvement she may seek to establish permanent incapacity. | 1 | 1 |
Long v. Morganton Dyeing & Finishing Co.green2 sentences2000Although the findings of fact made by the Commission are conclusive upon appeal when supported by competent evidence, Morrison v. Burlington Indus., 304 N.C. 1, 6 , 282 S.E.2d 458, 463 (1981), the Commission’s conclusions of law are fully reviewable, Long v. Morganton Dyeing & Finishing Co., 321 N.C. 82, 86 , 361 S.E.2d 575, 577 (1987). 2000Although the findings of fact made by the Commission are conclusive upon appeal when supported by competent evidence, Morrison v. Burlington Indus., 304 N.C. 1, 6 , 282 S.E.2d 458, 463 (1981), the Commission’s conclusions of law are fully reviewable, Long v. Morganton Dyeing & Finishing Co., 321 N.C. 82, 86 , 361 S.E.2d 575, 577 (1987). | 1 | 1 |
Little v. Anson County Schools Food Servicegreen2 sentences1987See Little v. Food Service, 295 N.C. 527 , 246 S.E. 2d 743 . 1987See Little v. Food Service, 295 N.C. 527 , 246 S.E. 2d 743 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Weaver v. Swedish Imports Maintenance, Inc.
green
2 sentences2007Weaver v. Swedish Imports Maintenance, Inc. , 319 N.C. 243 , 354 S.E.2d 477 (1987); Errante v. Cumberland County Solid Waste Management , 106 N.C.App. 114 , 415 S.E.2d 583 (1992) 3. 2007Weaver v. Swedish Imports Maintenance, Inc. , 319 N.C. 243 , 354 S.E.2d 477 (1987); Errante v. Cumberland County Solid Waste Management , 106 N.C.App. 114 , 415 S.E.2d 583 (1992) 3. | 4 | 1995–2007 |
Errante v. Cumberland County Solid Waste Management
green
2 sentences2007Weaver v. Swedish Imports Maintenance, Inc. , 319 N.C. 243 , 354 S.E.2d 477 (1987); Errante v. Cumberland County Solid Waste Management , 106 N.C.App. 114 , 415 S.E.2d 583 (1992) 3. 2007Weaver v. Swedish Imports Maintenance, Inc. , 319 N.C. 243 , 354 S.E.2d 477 (1987); Errante v. Cumberland County Solid Waste Management , 106 N.C.App. 114 , 415 S.E.2d 583 (1992) 3. | 3 | 1996–2007 |
Vernon v. Steven L. Mabe Builders
green
2 sentences2008Our Supreme Court stated that the Commission employee “apparently assumed, rather than determined, that [the] plaintiff was knowledgeable about workers’ compensation benefits, and, particularly, his right to claim permanent total disability compensation under section 97-29 rather than permanent partial disability compensation under section 97-31.” Id. at 434 , 444 S.E.2d at 195-96 . 1996The Supreme Court, relying on the attending physician’s assertion plaintiff would be unable to work in the future, noted “plaintiff may have been entitled to permanent total disability benefits under section 97-29, as well as permanent partial disability benefits based on the fifteen percent rating under section 97-31.” Id. | 2 | 1996–2008 |
Russell v. Lowes Product Distribution
green
1 sentence2017Russell, 108 N.C. | 1 | 2017–2017 |
Seagraves v. Austin Co. of Greensboro
green
1 sentence2017Seagraves v. Austin Co. of Greensboro, 123 N.C. | 1 | 2017–2017 |
Walker v. Lake Rim Lawn and Garden
green
2 sentences2004Id. at 717-18, 575 S.E.2d at 769 . 2004Id. at 717, 575 S.E.2d at 769 . | 1 | 2004–2004 |
Cheek v. Poole
green
2 sentences2002App. 387 , 390 , 465 S.E.2d 343 , 345 , disc. rev. denied, 343 N.C. 305 , 471 S.E.2d 68 (1996), citing Weaver v. Swedish Imports Maintenance, Inc. , 319 N.C. 243 , 354 S.E.2d 477 (1987 ) and Errante v. Cumberland County Solid Waste Management, 106 N.C. 2002App. 387 , 390 , 465 S.E.2d 343 , 345 , disc. rev. denied, 343 N.C. 305 , 471 S.E.2d 68 (1996), citing Weaver v. Swedish Imports Maintenance, Inc. , 319 N.C. 243 , 354 S.E.2d 477 (1987 ) and Errante v. Cumberland County Solid Waste Management, 106 N.C. | 1 | 2002–2002 |
Counts v. Black Decker Corporation
green
2 sentences2002App. 387 , 390 , 465 S.E.2d 343 , 345 , disc. rev. denied, 343 N.C. 305 , 471 S.E.2d 68 (1996), citing Weaver v. Swedish Imports Maintenance, Inc. , 319 N.C. 243 , 354 S.E.2d 477 (1987 ) and Errante v. Cumberland County Solid Waste Management, 106 N.C. 2002"Where a claimant is rendered totally unable to earn wages, partially as a result of a compensable injury and partially as a result of a non-work-related medical condition, the claimant is entitled to an award for total disability under G.S. § 97-29 ." Counts v. Black Decker Corp. , 121 N.C. | 1 | 2002–2002 |
Saunders v. Edenton Ob/Gyn Center
green
2 sentences2000Id. at 140, 530 S.E.2d at 65 . 2000Id. at-, 530 S.E.2d at 65 . | 1 | 2000–2000 |
Tyndall v. Walter Kidde & Co.
green
1 sentence1999App. 69, 73 , 441 S.E.2d 145, 149 (1994) (quoting Tyndall v. Walter Kiddie Co., 102 N.C. | 1 | 1999–1999 |
Brown v. Public Works Commission
green
1 sentence1999Brown v. Public Works Comm., 122 N.C. | 1 | 1999–1999 |
Burwell v. Winn-Dixie Raleigh, Inc.
green
2 sentences1999App. 69, 73 , 441 S.E.2d 145, 149 (1994) (quoting Tyndall v. Walter Kiddie Co., 102 N.C. 1999An employee is entitled to receive benefits for total disability under section 97-29 if he is “totally unable to ‘earn wages which . . . [he] was receiving at the time [of injury] in the same or any other employment.’ ” Burwell v. Winn-Dixie Raleigh, 114 N.C. | 1 | 1999–1999 |
Stone v. G & G BUILDERS
green
2 sentences1996Furthermore, because the plaintiff's permanent work restrictions, which defendant does not dispute, support a finding that she is at least permanently, partially disabled, see Stone, 121 N.C.App. at 674 , 468 S.E.2d at 512 , and because there are no findings by the Commission that plaintiff unjustifiably refused employment procured by defendant, which was suitable to this reduced capacity, it was error not to at least determine the amount of plaintiff's impaired earning capacity, pursuant to section 97-30. 1996Furthermore, because the plaintiff's permanent work restrictions, which defendant does not dispute, support a finding that she is at least permanently, partially disabled, see Stone, 121 N.C.App. at 674 , 468 S.E.2d at 512 , and because there are no findings by the Commission that plaintiff unjustifiably refused employment procured by defendant, which was suitable to this reduced capacity, it was error not to at least determine the amount of plaintiff's impaired earning capacity, pursuant to section 97-30. | 1 | 1996–1996 |
Weaver v. Swedish Imports Maintenance, Inc.
green
2 sentences1995App. 432 , 343 S.E.2d 205 (1986), modified, 319 N.C. 243 , 354 S.E.2d 477 (1987). 1995However, this Court, in Weaver v. Swedish Imports Maintenance, Inc., found that the “substantial change in condition” standard in section 97-47 was applicable, where plaintiff, who had received temporary total disability benefits under section 97-29 for a compensable heart attack, was awarded permanent partial disability under section 97-30 when he applied for modification of his prior award following three additional heart attacks. 80 N.C. | 1 | 1995–1995 |
Hall v. Thomason Chevrolet, Inc.
green
2 sentences1986Morrison v. Burlington Industries, 304 N.C. 1, 12-13 , 282 S.E. 2d 458, 466-67 (1981); Hall v. Chevrolet Co., 263 N.C. 569 , 139 S.E. 2d 857 (1965). 1986Morrison v. Burlington Industries, 304 N.C. 1, 12-13 , 282 S.E. 2d 458, 466-67 (1981); Hall v. Chevrolet Co., 263 N.C. 569 , 139 S.E. 2d 857 (1965). | 1 | 1986–1986 |
Perry v. Hibriten Furniture Co.
green
2 sentences1985In that event the injured employee is entitled to compensation exclusivély under G.S. § 97-31 regardless of his ability or inability to earn wages in the same or any other employment; and such compensation is “in lieu of all other compensation, including disfigurement.” (Emphasis in original.) 296 N.C. at 93-94 , 249 S.E. 2d at 401 . 1985In that event the injured employee is entitled to compensation exclusivély under G.S. § 97-31 regardless of his ability or inability to earn wages in the same or any other employment; and such compensation is “in lieu of all other compensation, including disfigurement.” (Emphasis in original.) 296 N.C. at 93-94 , 249 S.E. 2d at 401 . | 1 | 1985–1985 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.