Faison v. Allen Canning Co.

594 S.E.2d 446, 163 N.C. App. 755, 2004 N.C. App. LEXIS 573
CourtCourt of Appeals of North Carolina
DecidedApril 20, 2004
DocketCOA03-757
StatusPublished
Cited by10 cases

This text of 594 S.E.2d 446 (Faison v. Allen Canning Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faison v. Allen Canning Co., 594 S.E.2d 446, 163 N.C. App. 755, 2004 N.C. App. LEXIS 573 (N.C. Ct. App. 2004).

Opinion

TYSON, Judge.

Hettie M. Faison (“plaintiff’) appeals from the Opinion and Award of the Full Commission of the North Carolina Industrial Commission (“Commission”) denying her workers’ compensation claim. We affirm.

I. Background

Beginning in 1992, plaintiff worked on and off for Allen Canning Company (“defendant”) for approximately six years as a permanent *756 seasonal production associate. Each year, plaintiff worked from March to either October or November and did not work again until the following year. Plaintiff was responsible for running a seamer, which included taking the lids from cans and stacking them on top of three different machines. Plaintiff also inspected goods on the product line. Mr. Robert Caldwell testified for defendant that the weight of the lids plaintiff handled before being transferred to the inspection line weighed 2.5 to 2.8 pounds. He also stated there was very little repetition in loading the sleeves onto the machine. Plaintiff complained that she had developed carpal tunnel syndrome (“CTS”) on 2 November 1998.

Plaintiff began seeing Dr. Eddie Powell (“Dr. Powell”) on 2 February 1999. Dr. Powell testified that plaintiff revealed very little of her job duties and that on five separate visits, he unsuccessfully attempted to obtain a better description of plaintiffs job duties. At the time of his deposition, Dr. Powell continued to be unaware of plaintiffs job duties.

Dr. Powell diagnosed plaintiff with severe shoulder bursitis and held plaintiff out of work from 2 February 1999 through 2 March 1999. On 5 March 1999, Dr. Powell completed a Request for Disability Benefits Form noting that plaintiff was taken out of work for reasons unrelated to an alleged injury or sickness arising out of her employment. On 6 March 1999, plaintiff filed a claim for short-term disability, listing her condition as bursitis. Plaintiff received short-term disability benefits from 2 February 1999 through 16 August'1999. At this time, plaintiff was working solely on the inspection line due to chest pains.

Dr. Powell continued to treat plaintiff during this time and further diagnosed her as having peripheral neuropathy with left CTS and arm neuropathy with left CTS. Upon the expiration of her short-term disability benefits, plaintiff filed her workers’ compensation claim. Dr. Powell authorized plaintiff to be out of work from 15 August 1999 through 22 September 1999. On 21 September 1999, plaintiff returned to Dr. Powell. Dr. Powell’s diagnosis changed to peripheral neuropa-thy and second trimester pregnancy with CTS. Plaintiff was held out of work from 21 September 1999 through 2 November 1999. As of 2 November, plaintiff’s condition remained unchanged and she was authorized to be out of work until 29 May 2000. In March 2000, plaintiff gave birth to her child. On 23 October 2000, Dr. Powell found plaintiff to be fully recovered from all conditions.

*757 Deputy Commissioner Edward Gamer, Jr., heard plaintiffs workers’ compensation claim on 25 May 2001. Plaintiffs claims for workers’ compensation benefits were denied and plaintiff appealed to the Full Commission. The Full Commission upheld the Deputy Commissioner’s denial of plaintiff’s claim for workers’ compensation benefits. Plaintiff appeals.

II.Issues

The issues are whether the Full Commission erred in: (1) concluding that there was no causal relationship between plaintiff’s CTS and her job duties and denying her workers’ compensation benefits and (2) finding that plaintiff’s weight and pregnancy could potentially have caused her CTS.

III.Standard of Review

On appeal, the standard of review of a workers’ compensation case “is whether there is any competent evidence in the record to support the Commission’s findings and whether those findings support the Commission’s conclusions of law.” Oliver v. Lane Co., 143 N.C. App. 167, 170, 544 S.E.2d 606, 608 (2001). This Court’s “ ‘duty goes no further than to determine whether the record contains any evidence tending to support the finding.’ ” Adams v. AVX Corp., 349 N.C. 676, 681, 509 S.E.2d 411, 414 (1998) (quoting Anderson v. Lincoln Constr. Co., 265 N.C. 431, 434, 144 S.E.2d 272, 274 (1965)), rehr’g denied, 350 N.C. 108, 532 S.E.2d 522 (1999).

The Commission’s findings of fact are conclusive on appeal when they are supported by competent evidence, even when there is evidence to support contrary findings. Pittman v. International Paper Co., 132 N.C. App. 151, 156, 510 S.E.2d 705, 709, aff'd, 351 N.C. 42, 519 S.E.2d 524 (1999). “[T]he Commission is the sole judge of the credibility of witnesses and may believe all or a part or none of any witness’s testimony-” Harrell v. Stevens & Co., 45 N.C. App. 197, 205, 262 S.E.2d 830, 835 (citation omitted), disc. rev. denied, 300 N.C. 196, 269 S.E.2d 623 (1980).

IV.Causal Relationship Between Injuries and Job Duties

Plaintiff contends that the Commission’s findings of fact and conclusion of law that her condition was not related to her employment are not supported by competent evidence. We disagree.

To establish a right to workers’ compensation benefits under N.C. Gen. Stat. § 97-53(13) (2003), plaintiff must prove the disease is:

*758 (1) characteristic of persons engaged in the particular trade or occupation in which the claimant is engaged; (2) not an ordinary disease of life to which the public generally is equally exposed with those engaged in that particular trade or occupation; and (3) there must be a causal connection between the disease and the claimant’s employment.

Rutledge v. Tultex Corp., 308 N.C. 85, 93, 301 S.E.2d 359, 365 (1983) (citations omitted). The plaintiff has the burden of proving all three elements by the greater weight of or a preponderance of the evidence. Phillips v. U.S. Air, Inc., 120 N.C. App. 538, 541-42, 463 S.E.2d 259, 261 (1995), aff'd, 343 N.C. 302, 469 S.E.2d 552 (1996).

In Holley v. ACTS, Inc., plaintiff was diagnosed with deep vein thrombrosis (“DVT”). 357 N.C. 228, 229, 581 S.E.2d 750, 751 (2003). Plaintiffs doctors were unable to express an opinion to reasonable degree of medical certainty whether plaintiff’s injuries were causally related to her employment. Id. at 233, 581 S.E.2d at 753.

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594 S.E.2d 446, 163 N.C. App. 755, 2004 N.C. App. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faison-v-allen-canning-co-ncctapp-2004.