section 97-29 total disability (North Carolina) · Go Syfert
← North Carolina issues

section 97-29 total disability in North Carolina

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.

Followed or applied (7)

CaseFollowedCited
Morrison v. Burlington Industriesgreen
nc · 1981 · cited in 2 North Carolina opinions naming this issue, 1986–2000
2 sentences

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).

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).

22
Whitley v. Columbia Lumber Mfg. Co.green
nc · 1986 · cited in 2 North Carolina opinions naming this issue, 1994–1996
2 sentences

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.

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.

12
Collins v. Speedway Motor Sports Corp.green
ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2008–2008
2 sentences

2008App. 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.

11
Saums v. Raleigh Community Hospitalgreen
nc · 1997 · cited in 1 North Carolina opinions naming this issue, 2004–2004
2 sentences

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).

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).

11
Franklin v. Broyhill Furniture Industriesgreen
ncctapp · 1996 · cited in 1 North Carolina opinions naming this issue, 2002–2002
2 sentences

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.

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.

11
Long v. Morganton Dyeing & Finishing Co.green
nc · 1987 · cited in 1 North Carolina opinions naming this issue, 2000–2000
2 sentences

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).

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).

11
Little v. Anson County Schools Food Servicegreen
nc · 1978 · cited in 1 North Carolina opinions naming this issue, 1987–1987
2 sentences

1987See 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 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Weaver v. Swedish Imports Maintenance, Inc. green
nc · 1987
2 sentences

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.

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.

41995–2007
Errante v. Cumberland County Solid Waste Management green
ncctapp · 1992
2 sentences

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.

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.

31996–2007
Vernon v. Steven L. Mabe Builders green
nc · 1994
2 sentences

2008Our 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.

21996–2008
Russell v. Lowes Product Distribution green
ncctapp · 1993
1 sentence

2017Russell, 108 N.C.

12017–2017
Seagraves v. Austin Co. of Greensboro green
ncctapp · 1996
1 sentence

2017Seagraves v. Austin Co. of Greensboro, 123 N.C.

12017–2017
Walker v. Lake Rim Lawn and Garden green
ncctapp · 2003
2 sentences

2004Id. at 717-18, 575 S.E.2d at 769 .

2004Id. at 717, 575 S.E.2d at 769 .

12004–2004
Cheek v. Poole green
nc · 1996
2 sentences

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.

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.

12002–2002
Counts v. Black Decker Corporation green
ncctapp · 1996
2 sentences

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.

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.

12002–2002
Saunders v. Edenton Ob/Gyn Center green
nc · 2000
2 sentences

2000Id. at 140, 530 S.E.2d at 65 .

2000Id. at-, 530 S.E.2d at 65 .

12000–2000
Tyndall v. Walter Kidde & Co. green
ncctapp · 1991
1 sentence

1999App. 69, 73 , 441 S.E.2d 145, 149 (1994) (quoting Tyndall v. Walter Kiddie Co., 102 N.C.

11999–1999
Brown v. Public Works Commission green
ncctapp · 1996
1 sentence

1999Brown v. Public Works Comm., 122 N.C.

11999–1999
Burwell v. Winn-Dixie Raleigh, Inc. green
ncctapp · 1994
2 sentences

1999App. 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.

11999–1999
Stone v. G & G BUILDERS green
ncctapp · 1996
2 sentences

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.

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.

11996–1996
Weaver v. Swedish Imports Maintenance, Inc. green
ncctapp · 1986
2 sentences

1995App. 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.

11995–1995
Hall v. Thomason Chevrolet, Inc. green
nc · 1965
2 sentences

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).

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).

11986–1986
Perry v. Hibriten Furniture Co. green
nc · 1978
2 sentences

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 .

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 .

11985–1985

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 97-29 (20) NC § N.C. Gen. Stat. § 97-30 (11) NC § N.C. Gen. Stat. § 97-31 (11) NC § N.C. Gen. Stat. § 97-2 (9) NC § N.C. Gen. Stat. § 97-17 (5) NC § N.C. Gen. Stat. § 97-47 (5) NC § N.C. Gen. Stat. § 97-25 (4) NC § N.C. Gen. Stat. § 97-25.1 (3) NC § N.C. Gen. Stat. § 97-82 (3)

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.

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