Moody v. Mecklenburg County

600 S.E.2d 39, 165 N.C. App. 869, 2004 N.C. App. LEXIS 1512
CourtCourt of Appeals of North Carolina
DecidedAugust 17, 2004
DocketCOA03-459
StatusPublished

This text of 600 S.E.2d 39 (Moody v. Mecklenburg 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
Moody v. Mecklenburg County, 600 S.E.2d 39, 165 N.C. App. 869, 2004 N.C. App. LEXIS 1512 (N.C. Ct. App. 2004).

Opinion

McGEE, Judge.

Mecklenburg County (employer) appeals from an opinion and award of the North Carolina Industrial Commission (the Commission) entered 20 December 2002 finding that Oscar Jenkins Moody (Moody) suffered a compensable injury by accident while working for employer.

The evidence before the Commission tended to show that Moody was a deputy sheriff employed as a trustee coordinator with the Mecklenburg County Sheriff’s Department. Moody was involved in an automobile collision on 15 August 1994 as he was driving “downtown to headquarters.” Moody’s vehicle hydroplaned and was hit by an oncoming truck. Moody testified that the acci *871 dent resulted in injuries to his left knee, right shoulder, back, neck, and head.

Employer paid Moody temporary total disability compensation from the date of the accident until October 1999. A deputy commissioner entered an opinion and award on 24 September 1999 terminating temporary total disability benefits for Moody retroactive to 13 April 1996. The Commission reversed the deputy commissioner’s award and ordered that employer pay additional workers’ compensation benefits, including (1) payment for “reasonable and necessary medical and psychological treatment” because of the injury by accident, (2) payment for weekly benefits from the date of injury until death, and (3) payment for permanent injuries. Employer appeals. We note that due to Moody’s death prior to entry of the Commission’s opinion and award, Phyllis Moody, Administratrix of Moody’s estate (Administratrix), was substituted for Moody.

Employer’s first argument is two-fold: (1) that the Commission erred in failing to make any findings regarding Moody’s credibility and/or (2) that the Commission erred in failing to make any findings regarding Moody’s medical care providers’ reliance on Moody’s credibility in rendering their opinions.

Regarding the first prong of the argument, employer asserts that Moody’s credibility was “clearly the key issue in this case” and therefore, the Commission should have addressed Moody’s credibility. We note at the outset that employer does not attack Moody’s credibility based on the testimony he provided as a witness at the hearing. Rather, employer attacks Moody’s credibility with respect to the conflicting information Moody provided throughout his treatment. Employer argues that Moody provided “misinformation to his physicians in an apparent attempt to exaggerate the extent of his disability.” Specifically, employer notes that the emergency room report after the accident conflicts with how Moody later described the accident and injuries. Thus, employer asserts that the Commission should have made a finding regarding Moody’s credibility.

It is well settled that the Commission is “the sole judge of the weight and credibility of the evidence^]” Deese v. Champion Int’l Corp., 352 N.C. 109, 116, 530 S.E.2d 549, 553 (2000). In addition, “[t]he Commission is not required ... to find facts as to all credible evidence. That requirement would place an unreasonable burden on the Commission. Instead, the Commission must find those facts *872 which are necessary to support its conclusions of law.” London v. Snak Time Catering, Inc., 136 N.C. App. 473, 476, 525 S.E.2d 203, 205, cert. denied, 352 N.C. 589, 544 S.E.2d 781 (2000) (citations omitted).

In this case, the Commission made multiple findings regarding the accident and Moody’s subsequent course of medical treatment. Employer is correct in its assertion that the Commission did not make a specific finding of fact to address Moody’s credibility. However, as stated above, the Commission is not required to make findings regarding all of the evidence before it. “It is the exclusive province of the Industrial Commission to weigh and evaluate the evidence before it and find the facts.” Lucas v. Thomas Built Buses, 88 N.C. App. 587, 589, 364 S.E.2d 147, 149 (1988).

Here, it appears that the Commission properly weighed the evidence before it and found those facts which were necessary to support its conclusions. More specifically, it is evident that the Commission examined the various statements Moody made to the emergency room doctors because the Commission found as a fact that Moody “gave inconsistent accounts about his possible loss of consciousness after the 15 August 1994 accident.” This finding implies that the Commission did evaluate the statements Moody made to his medical care providers. Although the Commission did not make an explicit finding regarding Moody’s credibility, such a finding was not required.

Employer cites two cases in arguing that reversal is warranted when the Commission fails to make “specific findings of fact as to the crucial questions necessary to support the Industrial Commission decision[.]” We note that the cases cited by employer, Grant v. Burlington Industries, Inc., 77 N.C. App. 241, 335 S.E.2d 327 (1985) and Hilliard v. Apex Cabinet Co., 305 N.C. 593, 290 S.E.2d 682 (1982), for the proposition that findings of fact are required, do not deal with the Commission’s failure to make findings regarding credibility. In Grant, our Court found that “the factual findings in this case are insufficient to determine the rights of the parties on the issue of disability.” Grant, 77 N.C. App. at 249, 335 S.E.2d at 333. Similarly, in Hilliard, our Supreme Court held that the Commission “failed to make specific findings of fact as to the crucial questions necessary to support a conclusion as to whether plaintiff had suffered any disability as defined by G.S. 97-2(9).” Hilliard, 305 N.C. at 596, 290 S.E.2d at 684. Accordingly, this argument is without merit.

*873 Under the second prong of employer’s first argument, employer argues that the opinion of Dr. Patricia L. Gross (Dr. Gross) was based in large part on Moody’s credibility. Accordingly, employer argues that the Commission “should have made a finding on [Moody’s] credibility before accepting Dr. Gross’ testimony or rejected that testimony entirely.” For the reasons stated below, we disagree.

As explained above, the Commission is not required to make findings on all credible evidence. See London, 136 N.C. App. at 476, 526 S.E.2d at 205. See also Peagler v. Tyson Foods, Inc., 138 N.C. App. 593, 602, 532 S.E.2d 207, 213 (2000). Further, we note that

[t]his Court in Adams made it clear that the Commission does not have to explain its findings of fact by attempting to distinguish which evidence or witnesses it finds credible.

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

Related

Deese v. Champion International Corp.
530 S.E.2d 549 (Supreme Court of North Carolina, 2000)
Adams v. AVX Corp.
509 S.E.2d 411 (Supreme Court of North Carolina, 1998)
Smith v. First Choice Services
580 S.E.2d 743 (Court of Appeals of North Carolina, 2003)
London v. Snak Time Catering, Inc.
544 S.E.2d 781 (Supreme Court of North Carolina, 2000)
London v. Snak Time Catering, Inc.
525 S.E.2d 203 (Court of Appeals of North Carolina, 2000)
Grant v. Burlington Industries, Inc.
335 S.E.2d 327 (Court of Appeals of North Carolina, 1985)
Gallimore v. Marilyn's Shoes
233 S.E.2d 529 (Supreme Court of North Carolina, 1977)
Peagler v. Tyson Foods, Inc.
532 S.E.2d 207 (Court of Appeals of North Carolina, 2000)
Hilliard v. Apex Cabinet Co.
290 S.E.2d 682 (Supreme Court of North Carolina, 1982)
Lucas v. Thomas Built Buses, Inc.
364 S.E.2d 147 (Court of Appeals of North Carolina, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
600 S.E.2d 39, 165 N.C. App. 869, 2004 N.C. App. LEXIS 1512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moody-v-mecklenburg-county-ncctapp-2004.