Hill v. Hanes Corp.

401 S.E.2d 768, 102 N.C. App. 46, 1991 N.C. App. LEXIS 287
CourtCourt of Appeals of North Carolina
DecidedMarch 5, 1991
DocketNo. 8910IC1118
StatusPublished
Cited by4 cases

This text of 401 S.E.2d 768 (Hill v. Hanes Corp.) 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
Hill v. Hanes Corp., 401 S.E.2d 768, 102 N.C. App. 46, 1991 N.C. App. LEXIS 287 (N.C. Ct. App. 1991).

Opinions

COZORT, Judge.

Plaintiff appeals from the Industrial Commission’s 24 July 1989 award modifying an award entered 23 October 1984. We affirm.

“Appellate review of opinions and awards of the Industrial Commission is strictly limited to the discovery and correction of legal errors.” Godley v. County of Pitt, 306 N.C. 357, 359, 293 S.E.2d 167, 169 (1982) (emphasis in original). With this standard [47]*47of review in mind, we turn to the pertinent procedural history of the case below.

In the Opinion and Award filed 2 December 1983, Deputy Commissioner William L. Haigh of the North Carolina Industrial Commission found that the plaintiff was injured by a fall on 12 March 1979 and was first treated by Dr. Gunn, the medical director of plaintiff’s employer. The Opinion and Award also made the following findings of fact:

4. He was also seen by Dr. Griffin who referred him to Dr. Jackson for evaluation of lower extremity weakness. Dr. Jackson examined him on 10-9-79 and hospitalized him on October 11 for myelogram. On October 12, he was seen by Dr. Ernesto Le [sic] La Torre on referral from Dr. Jackson. On myelogram, plaintiff had complete obstruction at T9-T10 and he thereafter underwent bilateral exploratory laminectomy with decompression of arachonodial adhesions and blockage by Dr. Le [sic] La Torre. He was thereafter seen in follow-up by Drs. Jackson and De La Torre and has been evaluated by other physicians for complaints related to his lower extremities.
5. As of 11-1-80, plaintiff’s physical condition stabilized and by said date, he reached maximum medical improvement physically. His physical condition has remained essentially unchanged since that date. As a result of the injury by accident giving rise hereto, he sustained 20% permanent partial disability of each leg upon the basis of numbness, sensory deficit, absence of reflexes and weakness thereof. He did not sustain any permanent partial disability of the back as a result of said injury by accident.
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8. On 11-8-82, he came under the care of Dr. Branham, a psychiatrist, and has since then remained under his treatment, including anti-depressant medications, for depression. As a result of the injury by accident giving rise hereto and the attendant residuals in his lower extremities and his inability to work, he experienced stress which at least by 11-8-82 resulted in depression and rendered him totally disabled. Although he has improved on treatment, he continues to experience sleep disturbance, difficulty in concentration, accentuation of pain, psychomotor slowing, sexual dysfunction, and [48]*48con[s]triction of interest by reason of said stress induced depression and he remained totally disabled thereby through 9-16-83 when last examined by Dr. Branham. The credible evidence of record fails to establish that said depression was of disabling severity prior to 11-8-82.

Based on those findings, Deputy Commissioner Haigh concluded that the “plaintiff has experienced stress induced depression which rendered him totally disabled from 11-8-82 up through and including 9-16-83 and he is entitled to compensation therefor at the rate of $156.79 per week for said period and thereafter for so long as he remains so disabled. G.S. 97-29.” The award included the following principal component:

1. Subject to counsel fee hereinafter allowed and subject to any credit to which defendants are entitled by reason of compensation benefits already paid to him, defendants shall pay compensation to plaintiff at the rate of $156.79 per week for the following periods: from 3-27-79 to 4-11-79; from 7-10-79 to 11-1-80; from 11-1-80 for a period of 80 weeks; and from 11-8-82 up through 9-16-83 and thereafter for so long as he remains totally disabled.

The defendants appealed, and on 23 October 1984 the Full Commission affirmed the Opinion and Award.

The defendants then appealed to this Court. While that appeal was pending, the defendants filed a motion pursuant to Rule 60(b)(2) and (6) of the North Carolina Rules of Civil Procedure for relief from the Commission’s award. The defendants also filed a motion pursuant to N.C. Gen. Stat. § 97-47 (1985) requesting that the Commission schedule “further hearings to determine the change in condition.” This Court affirmed the Commission and denied the defendants’ Rule 60(b) motion. Hill v. Hanes Corp., 79 N.C. App. 67, 79, 339 S.E.2d 1, 8, disc. review allowed, 316 N.C. 376 (1986), aff'd in part and vacated in part, 319 N.C. 167, 353 S.E.2d 392 (1987). The defendants appealed.

On the merits of the appeal, the Supreme Court affirmed the Court of Appeals, holding that the “Commission’s findings support its conclusions which, in turn, support its award. There are no double payments for the same injury and no inconsistencies in its order.” Hill v. Hanes Corp., 319 N.C. 167, 177, 353 S.E.2d 392, 398 (1987). As to the Rule 60(b) motion, the Court vacated this [49]*49Court’s denial of that motion and remanded it “to the Industrial Commission for initial determination.” Id. at 169, 353 S.E.2d at 394. On 14 December 1987, the Commission denied the defendants’ Rule 60(b) motion and allowed their motion “for a new hearing concerning a change in the condition of the plaintiff” pursuant to N.C. Gen. Stat. § 97-47.

On 12 September 1988, after a hearing the previous June, Deputy Commissioner Morgan S. Chapman entered an Opinion and Award containing the following pertinent findings of fact:

3. Since the original Opinion and Award was filed, plaintiff alleges that he has remained extremely depressed and that his condition has not improved. His allegations are not accepted as credible. As of April 19, 1985 his observed activities were contrary to his testimony and his statements to Dr. Branham, the psychiatrist who had been treating him. In that the doctor’s opinions regarding plaintiff’s condition were based upon misrepresentations made to him by plaintiff, the opinions are not credible. Plaintiff was able to mow his lawn, fix his car, seed a lawn, shop for and carry groceries, perform certain home repairs, maintain an extramarital affair, wash his car, drive on a regular basis and perform other activities inconsistent with his statements.
4. As of April 19, 1985 plaintiff reached maximum medical improvement. He was no longer disabled by reason of the depression from which he had previously suffered. Defendants did not prove that his condition had improved prior to that date to the extent that he was no longer disabled.
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6. Defendants were ordered to continue payments to plaintiff for temporary total disability following September 16, 1983 for so long as his disability continued, but the period of such disability was not determined prior to this Opinion and Award.

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Bluebook (online)
401 S.E.2d 768, 102 N.C. App. 46, 1991 N.C. App. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-hanes-corp-ncctapp-1991.