Ferreyra v. Cumberland County

623 S.E.2d 825, 175 N.C. App. 581, 2006 N.C. App. LEXIS 186
CourtCourt of Appeals of North Carolina
DecidedJanuary 17, 2006
DocketNo. COA05-401.
StatusPublished
Cited by7 cases

This text of 623 S.E.2d 825 (Ferreyra v. Cumberland County) 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
Ferreyra v. Cumberland County, 623 S.E.2d 825, 175 N.C. App. 581, 2006 N.C. App. LEXIS 186 (N.C. Ct. App. 2006).

Opinion

HUDSON, Judge.

Plaintiff Alfred R. Ferreyra, an employee of defendant Cumberland County ("the county"), claimed an injury by accident after he suffered a burst aneurysm at work on 26 February 2002. Following a hearing on 28 May 2003, Deputy Commissioner George T. Glenn, II, issued an opinion and award on 30 January 2004, concluding that plaintiff had sustained a compensable injury by accident at work and awarding benefits. Defendant appealed, and on 13 January 2005, the Full Commission issued an opinion and award affirming the Deputy Commissioner's opinion and award with minor modifications. Defendants appeal. As discussed below, we affirm.

At the relevant time, plaintiff was employed as a deputy sheriff. On 26 February 2002, plaintiff was on routine patrol with a trainee, when a young woman sought help for her mother ("the victim"). The victim had stopped breathing while in her daughter's car. Plaintiff was certified in cardiopulmonary resuscitation ("CPR") and as a First Responder, but had never had occasion to use CPR during his eight years as a deputy sheriff. Plaintiff performed chest compressions on the victim in the front seat of the car, while the trainee began rescue breathing. After performing twenty-one sets of five chest compressions, plaintiff felt a sharp pain in his head, and another deputy took over performing the CPR. Plaintiff was unable to complete his shift due to his severe headache and went home. After over-the-counter medications and rest did not alleviate his pain, plaintiff went to the hospital where he was diagnosed as suffering from a brain aneurysm. Dr. Bruce P. Jaufmann treated plaintiff and performed surgery on him on 1 March 2002.

Dr. Jaufmann testified that:

It is my opinion that most likely the stress and excitement while performing CPR in attempting to save the individual's life resulted in an increase in blood pressure, which caused the aneurysm to rupture at that time....

We begin by noting the well-established standard of review for worker's compensation cases from the Industrial Commission. This Court does not assess credibility or re-weigh evidence; it only determines whether the record contains any evidence to support the challenged findings. Adams v. AVX Corp., 349 N.C. 676, 681, 509 S.E.2d 411, 414 (1998), rehearing denied, 350 N.C. 108, 532 S.E.2d 522 (1999). We are "limited to reviewing whether any competent evidence supports the Commission's findings of fact and whether the findings of fact support the Commission's conclusions of law." Deese v. Champion Int'l Corp., 352 N.C. 109, 116, 530 S.E.2d 549, 553 (2000). In addition, findings of fact not challenged on appeal are binding on this Court. Johnson v. Herbie's Place, 157 N.C.App. 168, 180, 579 S.E.2d 110, *827118, disc. review denied, 357 N.C. 460, 585 S.E.2d 760 (2003).

We note that defendants assign error to the commission's findings of fact 6, 7, 8, 13, 14, and 15, but fail to argue them in their brief to this Court. Accordingly, these findings are conclusive on appeal.

Defendants first argue that the Commission erred in concluding that plaintiff sustained an injury by accident. We disagree.

The Workers Compensation Act provides benefits "only [when an] injury by accident aris[es] out of and in the course of the employment." N.C. Gen.Stat. § 97-2(6) (2003). An accident is "an unlooked for and untoward event which is not expected or designed by the person who suffers the injury." Adams v. Burlington Industries Inc., 61 N.C.App. 258, 260, 300 S.E.2d 455, 456 (1983) (citations omitted). "An accident therefore involves `the interruption of the routine of work and the introduction thereby of unusual conditions likely to result in unexpected consequences.'" Calderwood v. Charlotte-Mecklenburg Hosp. Auth., 135 N.C.App. 112, 115, 519 S.E.2d 61, 63 (1999), disc. review denied, 351 N.C. 351, 543 S.E.2d 124 (2000) (quoting Adams, 61 N.C.App. at 260, 300 S.E.2d at 456).

Defendants contend that this case is controlled by the holding in Neely v. City of Statesville, in which a firefighter's heart attack during a fire was found to be a non-compensable injury. 212 N.C. 365, 366, 193 S.E. 664, 665 (1937). The Supreme Court held that

[t]he work in which the deceased was engaged was the usual work incident to his employment. The surrounding conditions might be expected at a fire. The falling in of the roof is a natural result of fire burning there. Heat and smoke are expected. Physical exertion is required in handling the hose and fire-fighting equipment. The firemen, of necessity, act hurriedly. We find no evidence of an accident.

Id. at 366-67, 193 S.E. at 665

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623 S.E.2d 825, 175 N.C. App. 581, 2006 N.C. App. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferreyra-v-cumberland-county-ncctapp-2006.