Today’s workers’ compensation decisions by the NC Court of Appeals

Clayton v. Mini Data Forms, Inc.: The court held that although the defendants were not entitled to a credit under N.C.G.S. 97-42, an offset of benefits may still be required under Moretz and Rice to avoid the overpayment of benefits.  More specific findings were required though, regarding whether “payments made to plaintiff for that work were tantamount to workers’ compensation, that the payments were a wage-replacement benefit equivalent to workers’ compensation, or were meant to compensate plaintiff for his disability.”  Also, the imposition of the 10% penalty was correct, but attorneys’ fees were not due too.

Evans v. Conwood LLC: The court affirmed the award of benefits, upholding conclusions that the plaintiff’s carpal tunnel syndrome was compensable and that the employer was liable as self-insured.

Nale v. Ethan Allen: The court rejected the conclusion that the plaintiff’s right knee injury was related to her compensable left knee injury, based on the testimony of the doctor.  The issue of disability was remanded for further findings.

Sykes v. Moss Trucking Company, Inc.: Following a dissent by Commissioner Sellers, the court reversed the Industrial Commission’s reinstatement of benefits because the plaintiff had failed to comply with a previous order of the Commission regarding medical treatment.