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29 North Carolina opinions name it 3 courts 1996–2022 2 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 |
|---|---|---|
Perez v. American Airlines/AMR Corp.green2 sentences2017"The employer may rebut the presumption with evidence that the medical treatment is not directly related to the compensable injury." Perez , 174 N.C.App. at 135 , 620 S.E.2d at 292 . 2017"The employer may rebut the presumption with evidence that the medical treatment is not directly related to the compensable injury." Perez , 174 N.C.App. at 135 , 620 S.E.2d at 292 . | 1 | 10 |
Franklin v. Broyhill Furniture Industriesgreen2 sentences2011Regarding Plaintiff's attempts to return to work and her disability subsequent to the admittedly compensable injury, an employer may rebut the presumption of continuing *Page 9 disability through evidence "that suitable jobs are available to the employee and that the employee is capable of getting one, taking into account the employee's physical and vocational limitations." Franklin v. Broyhill Furniture Industries , 123 N.C. 2011Regarding Plaintiff's attempts to return to work and her disability subsequent to the admittedly compensable injury, an employer may rebut the presumption of continuing disability through evidence "that suitable jobs are available to the employee and that the employee is capable of getting one, taking into account the employee's physical and vocational limitations." Franklin v. Broyhill Furniture Industries , 123 N.C. | 1 | 10 |
Stamey v. N.C. Self-Insurance Guaranty Ass'ngreen2 sentences2001App. 662, 665 , 507 S.E.2d 596, 599 (1998) (“The employer may rebut the presumption of continuing disability ‘through medical and other evidence,’ including evidence ‘that suitable jobs are available to the employee ....’”) Id. (citation omitted). 2001App. 662, 665 , 507 S.E.2d 596, 599 (1998) (“The employer may rebut the presumption of continuing disability ‘through medical and other evidence,’ including evidence ‘that suitable jobs are available to the employee ....’”) Id. (citation omitted). | 1 | 2 |
Parsons v. Pantry, Inc.green2 sentences2017Airlines/AMR Corp. , 174 N.C.App. 128 , 135, 620 S.E.2d 288 , 292 (2005) (citations omitted) (citing Parsons , 126 N.C.App. at 542 , 485 S.E.2d at 869 ); see also id. at 136 n.1, 620 S.E.2d at 293 n.1 ("We can conceive of a situation where an employee seeks medical compensation for symptoms completely unrelated to the compensable injury. 2017Airlines/AMR Corp. , 174 N.C.App. 128 , 135, 620 S.E.2d 288 , 292 (2005) (citations omitted) (citing Parsons , 126 N.C.App. at 542 , 485 S.E.2d at 869 ); see also id. at 136 n.1, 620 S.E.2d at 293 n.1 ("We can conceive of a situation where an employee seeks medical compensation for symptoms completely unrelated to the compensable injury. | 1 | 1 |
Miller v. Mission Hospital, Inc.green1 sentence2015See Miller v. Mission Hosp., Inc., --- N.C.App. ----, ----, 760 S.E.2d 31 , 35 (2014) ("The employer may rebut the presumption with evidence that the medical treatment is not directly related to the compensable injury. | 1 | 1 |
Frazier v. Coopergreen2 sentences2005App. 913, 918 , 563 S.E.2d 235, 239 (stating an employer may rebut the presumption of ongoing disability “by showing that suitable jobs are available, taking into consideration the employee’s physical and vocational limitations, and taking into consideration whether the employee is capable of obtaining a suitable job”), disc. review denied, 356 N.C. 299 , 570 S.E.2d 505 (2002). 2005See Foster v. U.S. Airways, Inc., 149 N.C.App. 913, 918 , 563 S.E.2d 235, 239 (stating an employer may rebut the presumption of ongoing disability "by showing that suitable jobs are available, taking into consideration the employee's physical and vocational limitations, and taking into consideration whether the employee is capable of obtaining a suitable job"), disc. review denied, 356 N.C. 299 , 570 S.E.2d 505 (2002). | 1 | 1 |
Futrell v. Resinall Corp.green2 sentences2005App. 913, 918 , 563 S.E.2d 235, 239 (stating an employer may rebut the presumption of ongoing disability “by showing that suitable jobs are available, taking into consideration the employee’s physical and vocational limitations, and taking into consideration whether the employee is capable of obtaining a suitable job”), disc. review denied, 356 N.C. 299 , 570 S.E.2d 505 (2002). 2005See Foster v. U.S. Airways, Inc., 149 N.C.App. 913, 918 , 563 S.E.2d 235, 239 (stating an employer may rebut the presumption of ongoing disability "by showing that suitable jobs are available, taking into consideration the employee's physical and vocational limitations, and taking into consideration whether the employee is capable of obtaining a suitable job"), disc. review denied, 356 N.C. 299 , 570 S.E.2d 505 (2002). | 1 | 1 |
Foster v. U.S. Airways, Inc.green2 sentences2005See Foster v. U.S. Airways, Inc., 149 N.C.App. 913, 918 , 563 S.E.2d 235, 239 (stating an employer may rebut the presumption of ongoing disability "by showing that suitable jobs are available, taking into consideration the employee's physical and vocational limitations, and taking into consideration whether the employee is capable of obtaining a suitable job"), disc. review denied, 356 N.C. 299 , 570 S.E.2d 505 (2002). 2005See Foster v. U.S. Airways, Inc., 149 N.C.App. 913, 918 , 563 S.E.2d 235, 239 (stating an employer may rebut the presumption of ongoing disability "by showing that suitable jobs are available, taking into consideration the employee's physical and vocational limitations, and taking into consideration whether the employee is capable of obtaining a suitable job"), disc. review denied, 356 N.C. 299 , 570 S.E.2d 505 (2002). | 1 | 1 |
Saums v. Raleigh Community Hospitalgreen2 sentences2002Saums v. Raleigh Community Hospital, 346 N.C. 760, 763-64 , 487 S.E.2d 746, 750 (1997). 2002Saums v. Raleigh Community Hospital, 346 N.C. 760, 763-64 , 487 S.E.2d 746, 750 (1997). | 1 | 1 |
Kennedy v. Duke University Medical Centergreen2 sentences2001Alternatively, the employer can "come forward with evidence to show not only that suitable jobs are available, but also that the plaintiff is capable of getting one, taking into account both physical and vocational limitations." Kennedy v. Duke Univ.Med.Center, 101 N.C.App. 24, 33 , 398 S.E.2d 677, 682 (1990). 2001Alternatively, the employer can "come forward with evidence to show not only that suitable jobs are available, but also that the plaintiff is capable of getting one, taking into account both physical and vocational limitations." Kennedy v. Duke Univ.Med.Center, 101 N.C.App. 24, 33 , 398 S.E.2d 677, 682 (1990). | 1 | 1 |
In Re Stone v. G G Buildersgreen2 sentences1998The employer may rebut the presumption of continuing disability “through medical and other evidence,” In re Stone v. G & G Builders, 346 N.C. 154, 157 , 484 S.E.2d 365, 368 (1997); Harrington v. Adams-Robinson Enterprises, 349 N.C. 218 , 504 S.E.2d 786 (1998) (per curiam), including evidence “that suitable jobs are available to the employee and ‘that the [employee] is capable of *666 getting one,’ taking into account the employee’s ‘age, education, physical limitations, vocational skills, and experience,’ ” Smith, 127 N.C. 1998The employer may rebut the presumption of continuing disability “through medical and other evidence,” In re Stone v. G & G Builders, 346 N.C. 154, 157 , 484 S.E.2d 365, 368 (1997); Harrington v. Adams-Robinson Enterprises, 349 N.C. 218 , 504 S.E.2d 786 (1998) (per curiam), including evidence “that suitable jobs are available to the employee and ‘that the [employee] is capable of *666 getting one,’ taking into account the employee’s ‘age, education, physical limitations, vocational skills, and experience,’ ” Smith, 127 N.C. | 1 | 1 |
Radica v. Carolina Millsgreen2 sentences1996Radica v. Carolina Mills, 113 N.C.App. 440, 447 , 439 S.E.2d 185, 190 (1994). 1996Radica v. Carolina Mills, 113 N.C.App. 440, 447 , 439 S.E.2d 185, 190 (1994). | 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 |
|---|---|---|
Reinninger v. Prestige Fabricators, Inc.
green
2 sentences2016"The employer may rebut the presumption with evidence that the medical treatment is not directly related to the compensable injury." Id. at 135, 620 S.E.2d at 292 (citing Reinninger v. Prestige Fabricators, Inc. , 136 N.C.App. 255 , 259, 523 S.E.2d 720 , 723 (1999) ). 2016"The employer may rebut the presumption with evidence that the medical treatment is not directly related to the compensable injury." Id. at 135, 620 S.E.2d at 292 (citing Reinninger v. Prestige Fabricators, Inc. , 136 N.C.App. 255 , 259, 523 S.E.2d 720 , 723 (1999) ). | 4 | 2005–2016 |
Dorsey v. UNC-WILMINGTON
green
2 sentences2011App. 200 , 206 , cert. denied , 344 N.C. 629 (1996). "[M]ere proof of a return to work is insufficient to rebut the . . . presumption," because "capacity to earn is the benchmark test of disability." Kisiah v. W.R. 2011App. 200 , 206 , cert. denied , 344 N.C. 629 (1996). "[M]ere proof of a return to work is insufficient to rebut the . . . presumption," because "capacity to earn is the benchmark test of disability." Kisiah v. W.R. | 4 | 2007–2011 |
Franklin v. Broyhill Furniture Industries
green
2 sentences2008App. 200 , 206 , 472 S.E.2d 382 , 386 , cert. denied , 344 N.C. 629 , 477 S.E.2d 39 (1996). "[M]ere proof of a return to work is insufficient to rebut the . . . presumption," because "capacity to earn is the benchmark test of disability." Kisiah v. W.R. 2007App. 200 , 206 , 472 S.E.2d 382 , 386 , cert. denied , 344 N.C. 629 , 477 S.E.2d 39 (1996). "[M]ere proof of a return to work is insufficient to rebut the . . . presumption," because "capacity to earn is the benchmark test of disability." Kisiah v. W.R. | 2 | 2007–2008 |
Fletcher v. Dana Corp.
neutral
1 sentence1999Id. | 1 | 1999–1999 |
In Re Harrington v. Adams-Robinson Enterprises
green
2 sentences1998The employer may rebut the presumption of continuing disability “through medical and other evidence,” In re Stone v. G & G Builders, 346 N.C. 154, 157 , 484 S.E.2d 365, 368 (1997); Harrington v. Adams-Robinson Enterprises, 349 N.C. 218 , 504 S.E.2d 786 (1998) (per curiam), including evidence “that suitable jobs are available to the employee and ‘that the [employee] is capable of *666 getting one,’ taking into account the employee’s ‘age, education, physical limitations, vocational skills, and experience,’ ” Smith, 127 N.C. 1998The employer may rebut the presumption of continuing disability “through medical and other evidence,” In re Stone v. G & G Builders, 346 N.C. 154, 157 , 484 S.E.2d 365, 368 (1997); Harrington v. Adams-Robinson Enterprises, 349 N.C. 218 , 504 S.E.2d 786 (1998) (per curiam), including evidence “that suitable jobs are available to the employee and ‘that the [employee] is capable of *666 getting one,’ taking into account the employee’s ‘age, education, physical limitations, vocational skills, and experience,’ ” Smith, 127 N.C. | 1 | 1998–1998 |
Smith v. Sealed Air Corp.
green
2 sentences1998The employer may rebut the presumption of continuing disability “through medical and other evidence,” In re Stone v. G & G Builders, 346 N.C. 154, 157 , 484 S.E.2d 365, 368 (1997); Harrington v. Adams-Robinson Enterprises, 349 N.C. 218 , 504 S.E.2d 786 (1998) (per curiam), including evidence “that suitable jobs are available to the employee and ‘that the [employee] is capable of *666 getting one,’ taking into account the employee’s ‘age, education, physical limitations, vocational skills, and experience,’ ” Smith, 127 N.C. 1998App. at 361 , 489 S.E.2d at 447 (quoting Franklin v. Broyhill Furniture Industries, 123 N.C. | 1 | 1998–1998 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.