Meadows v. N.C. Dept. of Transportation

535 S.E.2d 895, 140 N.C. App. 183, 2000 N.C. App. LEXIS 1106
CourtCourt of Appeals of North Carolina
DecidedOctober 3, 2000
DocketNo. COA99-801
StatusPublished
Cited by1 cases

This text of 535 S.E.2d 895 (Meadows v. N.C. Dept. of Transportation) 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
Meadows v. N.C. Dept. of Transportation, 535 S.E.2d 895, 140 N.C. App. 183, 2000 N.C. App. LEXIS 1106 (N.C. Ct. App. 2000).

Opinions

TIMMONS-GOODSON, Judge.

Barbara D. Meadows (“plaintiff’) appeals from adverse rulings by the North Carolina Industrial Commission (“Commission” or “Full Commission”) which resulted in the denial of her claim for workers’ compensation benefits. After a thorough examination of the record and briefs of the parties, we reverse the Commission’s opinion and award.

The relevant factual and procedural history are as follows: In February of 1990, plaintiff began employment with the North Carolina Department of Transportation (“defendant”) as a driver’s license examiner. Her job responsibilities included administering licensing road, written, and vision tests, accessing the Division of Motor [185]*185Vehicles (“DMV”) computer database, and photographing driver’s license recipients. In the course of her duties, plaintiff spent approximately one-third of the workday on her feet.

At the onset of her employment, plaintiff was issued a standard DMV uniform, which included synthetic leather (Corfam) work shoes. Generally, DMV employees were not permitted to wear any shoes other than those provided by defendant. However, if an employee presented defendant with a written physician’s request that she be permitted to wear another style of shoe because of some special medical circumstance, defendant usually granted the request. Plaintiff, who had pre-existing bunions and congenital deformities unrelated to her employment, never sought permission to wear an alternate shoe.

Plaintiff began to experience problems with her work shoes in June of 1990. As she stated, “[her] feet would become very hot, would perspire, and swell up in the shoe, and [she would experience] a lot of pain[,]” particularly in her right foot. Plaintiff’s symptoms continued to worsen over the next five years, but she did not inform her supervisor, nor did she consult a physician during that time.

Plaintiff first sought medical attention for her symptoms on 13 November 1995, when she visited Dr. Thomas J. Hagan, a podiatrist. She reported experiencing right foot pain, which she said became increasingly severe throughout the workday while wearing the required Corfam shoes. Dr. Hagan’s initial diagnosis was that plaintiff suffered from Morton’s Neuroma in her right foot. To treat the condition, he injected plaintiff’s foot with Celeston Soluspan and Lidocaine and fitted her with a Berkemann premolded orthotic device.

This treatment, however, proved to be unsuccessful, and on 30 November 1995, plaintiff returned to Dr. Hagan complaining of further foot discomfort. Dr. Hagan performed additional tests and discovered that plaintiff had multiple foot problems including hallux abducto valgus, hallux abductus, hypertrophic bone-fifth toe, plantar declinated fifth metatarsal and Morton’s Neuroma-third interspace, all of which were pre-existing, non-occupational deformities. He did not, at that time, advise plaintiff that the malformations of her foot were aggravated or exacerbated by work-related conditions, such as the required Corfam shoes. He recommended that she undergo surgery to correct the problems and filed a request for permission to perform the surgery with plaintiff’s regular medical insurance carrier.

[186]*186On 8 December 1996, Dr. Hagan surgically corrected plaintiffs right foot deformities. Plaintiffs regular health insurance provider approved the operation and paid the medical costs. On 16 February 1996, plaintiff underwent a follow-up procedure to the original surgery, and on 4 March 1996, Dr. Hagan released plaintiff to return to light-duty, indoor work. Plaintiff reported to work the following day, and after contacting the Raleigh office to learn that work commensurate with plaintiffs restrictions was unavailable, plaintiffs supervisor sent her home. Since then, plaintiff has not sought or held other employment.

Presented on 4 April 1996 with plaintiffs complaints of increased pain and a “feeling of fullness” in her right foot, Dr. Hagan referred her to Dr. James M. Tarpley at New Bern Anesthesia Associates for diagnosis and further treatment. Thereafter, Dr. Tarpley examined plaintiff and diagnosed her as having a painful condition known as Reflex Sympathetic Dystrophy (“RSD”), which he attributed to the surgeries performed on plaintiff’s right foot. From April to June of 1996, Dr. Tarpley treated plaintiffs condition with lumbar sympathetic blocks, intravenous regional blocks, an intravenous bretyline block, pain medication and physical therapy. Plaintiffs condition, however, has not improved, as the treatments have provided only temporary pain relief. Plaintiff has since developed RSD in her left foot as well, and she experiences chronic, disabling pain. There has been no determination that plaintiffs disability is permanent, nor has plaintiff ever received a disability rating.

Plaintiff filed a claim for workers’ compensation benefits on 5 November 1996 alleging that she contracted an occupational disease in that the required Corfam work shoes aggravated her pre-existing, non-work-related foot deformities. The matter came before Deputy Commissioner Mary Moore Hoag, who, on 26 June 1998, entered an opinion and award wherein she concluded that plaintiff’s disease was non-occupational and, for that reason, denied her workers’ compensation claim. Plaintiff appealed this decision to the Full Commission, and the panel affirmed the deputy commissioner with minor modifications. Plaintiff again appeals.

The primary issue on appeal is whether the record before the Commission contains competent evidence to support its conclusion that plaintiff’s RSD is not an occupational disease, as that term is defined in section 97-53(13) of the North Carolina General Statutes. We hold that it does not.

[187]*187The scope of this Court’s review of an opinion and award entered by the Full Commission is well defined. We must first examine the record to determine whether any competent evidence exists therein to support the Commission’s findings of fact. McLean v. Roadway Express, 307 N.C. 99, 102, 296 S.E.2d 456, 458 (1982). If the findings have any evidentiary basis, we must then look to the Commission’s conclusions of law to determine whether they, in turn, are supported by the factual findings. Id. The Commission’s findings are given great deference, McAninch v. Buncombe County Schools, 122 N.C. App. 679, 471 S.E.2d 441 (1996), rev’d on other grounds, 347 N.C. 126, 489 S.E.2d 375 (1997), and, when supported by competent evidence, are binding on this Court, Keel v. H & V Inc., 107 N.C. App. 536, 421 S.E.2d 362 (1992). This is true, despite the presence of evidence supporting contrary findings. Lumley v. Dancy Construction Co., 79 N.C. App. 114, 122, 339 S.E.2d 9, 14 (1986). The Commission’s conclusions of law, however, are subject to this Court’s de novo review. Grantham v. R. G. Barry Corp., 127 N.C. App. 529, 491 S.E.2d 678 (1997), disc. review denied, 347 N.C. 671, 500 S.E.2d 86 (1998).

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Bluebook (online)
535 S.E.2d 895, 140 N.C. App. 183, 2000 N.C. App. LEXIS 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meadows-v-nc-dept-of-transportation-ncctapp-2000.