Lumpkins v. Mills

289 S.E.2d 848, 56 N.C. App. 653, 1982 N.C. App. LEXIS 2459
CourtCourt of Appeals of North Carolina
DecidedApril 6, 1982
DocketNo. 8110IC628
StatusPublished
Cited by2 cases

This text of 289 S.E.2d 848 (Lumpkins v. Mills) 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
Lumpkins v. Mills, 289 S.E.2d 848, 56 N.C. App. 653, 1982 N.C. App. LEXIS 2459 (N.C. Ct. App. 1982).

Opinion

HILL, Judge.

The deputy commissioner made the following findings of fact:

1. Plaintiff was born on October 16, 1921 and finished the seventh grade in school. He went to work for Fieldcrest Mills in 1952. When plaintiff first went to work for Fieldcrest Mills he was employed in the weave department where he worked as a weaver and loom cleaner until 1963 and thereafter worked intermittently in both the weave room and inspection department until 1965. From 1965 until the plaintiff retired in 1978 he worked in the inspection area as a cloth checker.
2. During the first years of employment the mill processed cotton material but in the latter years (four or five) before retirement cotton blends and synthetics were processed. In 1975 polyester and rayon were processed. The cloth which would come to the plaintiff for inspection had been washed, dyed, and woven. There was a small amount of dust involved. . . .
3. In the weave room the cotton dust and lint were thick. As a weaver and loom cleaner plaintiff was constantly exposed to cotton dust. The dust would be particularly bad as the looms were being blown off.
4. Plaintiff began experiencing breathing problems consisting of cough and shortness of breath four or five years [655]*655before his retirement from his employment. He would notice that his breathing problems would improve when he was away from work either on weekends but would return when he returned to work and was again exposed to the dust and lint. Plaintiff was advised by medical doctors to get out of an environment where there was dust present. Plaintiff stopped working in March of 1978.
5. Since leaving the mill plaintiff has worked part-time as a security person.
6. Plaintiff smoked a pack of cigarettes a day for approximately 25 years until 1979. At that time plaintiff stopped smoking for a short while. He now smokes no more than a pack and a half a month.
7. Dr. Herbert 0. Sieker, a member of the Commission’s Occupational Disease Panel, examined the plaintiff on February 27, 1979 and reported in part as follows:
IMPBESSIONS: 1. Chronic obstructive lung disease.
2. History of hypertensive vascular disease.
The patient has history and findings indicating that he is disabled for work involving strenuous physical activity, but he is capable of engaging in work with moderate degree of activity. In view of the history that symptoms were worse in the last several years with cotton dust exposure, this must be considered as a possible etiologic factor. Patient, however, is clearly not completely disabled, but he should not work in cotton dust in the future.”
8. Plaintiff has chronic obstructive lung disease and a history of hypertensive vascular disease.
9. It was Dr. Sieker’s impression that the plaintiff was disabled at most for strenuous physical activity in that he could do the same type of work he had been doing for the last four or five years before his retirment but he should work in an environment free of dust, this to include cotton dust. . . .
[656]*65610. Plaintiff should not work in the cotton dust, but there is insufficient history to implicate this as the causative factor in his chronic obstructive lung disease. . . .
11. There is insufficient evidence of a causual [sic] relationship between plaintiffs employment and his chronic obstructive lung disease to support an award in this case.

As noted above, Deputy Commissioner Delbridge concluded that these facts do not show a sufficient causal relationship between plaintiff’s employment and his lung disease to grant him compensation.

Our scope of review in this matter is as follows:

Except as to questions of jurisdiction, the rule is that the findings of fact made by the Commission are conclusive on appeal when supported by competent evidence. This is so even though there is evidence to support a contrary finding of fact. [Citations omitted.] The appellate court does not retry the facts. It merely determines from the proceedings before the Commission whether sufficient competent evidence exists to support its findings of fact.

Morrison v. Burlington Industries, 304 N.C. 1, 6, 282 S.E. 2d 458, 463 (1981).

The Workers’ Compensation Act contemplates that two events must occur before a workers’ compensation claim ripens: (1) injury from an occupational disease, which (2) causes disability. Taylor v. J. P. Stevens & Co., 300 N.C. 94, 265 S.E. 2d 144 (1980); McKee v. Crescent Spinning Co., 54 N.C. App. 558, 284 S.E. 2d 175 (1981).

Plaintiffs third and fourth arguments attack the deputy commissioner’s conclusion, in essence, that he is not suffering from an occupational disease. There are three elements necessary to prove the existence of a compensable occupational disease under G.S. 97-53(13): (1) the disease must be due to conditions which are characteristic of a particular employment, (2) the disease is not an “ordinary diseasefs] of life to which the general public is equally exposed outside of the employment,” Id., and (3) “proof of a causal connection between the disease and the employment.” Hansel v. [657]*657Sherman Textiles, 304 N.C. 44, 52, 283 S.E. 2d 101, 106 (1981). See Booker v. Duke Medical Center, 297 N.C. 458, 256 S.E. 2d 189 (1979). In Morrison v. Burlington Industries, supra, at 12-13, 282 S.E. 2d at 467, our Supreme Court interpreted the latter element to be

the extent of the disablement resulting from said occupational disease, ie., whether she is totally or partially disabled as a result of the disease. If the disablement resulting from the occupational disease is total, the claimant is entitled to compensation as provided in G.S. 97-29 for total disability. If the disablement resulting from the occupational disease is partial, the claimant is entitled to compensation as provided in G.S. 97-30 for partial disability. . . . That means, in occupational disease cases, that disablement of an employee resulting from an occupational disease which arises out of and in the course of the employment, G.S. 97-52 and G.S. 97-2(6), is compensable and claimant has the burden of proof “to show not only . . . disability, but also its degree.” Hall v. Chevrolet Co., 263 N.C. 569, 575, 139 S.E. 2d 857, 861 (1965).

(Emphasis original.) The court further discussed the rule of causation in Hansel v. Sherman Textiles, supra, at 52-53, 283 S.E. 2d at 106:

In workers’ compensation actions the rule of causation is that where the right to recover is based on injury by accident, the employment need not be the sole causative force to render an injury compensable.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Byrd v. Lowe's Home Ctrs., Inc.
809 S.E.2d 921 (Court of Appeals of North Carolina, 2018)
Revels v. Southeastern General Hospital
North Carolina Industrial Commission, 1996

Cite This Page — Counsel Stack

Bluebook (online)
289 S.E.2d 848, 56 N.C. App. 653, 1982 N.C. App. LEXIS 2459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lumpkins-v-mills-ncctapp-1982.