Smith v. Baxter International, Inc.

CourtNorth Carolina Industrial Commission
DecidedDecember 28, 2010
DocketI.C. NO. 799904.
StatusPublished

This text of Smith v. Baxter International, Inc. (Smith v. Baxter International, Inc.) is published on Counsel Stack Legal Research, covering North Carolina Industrial Commission primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Baxter International, Inc., (N.C. Super. Ct. 2010).

Opinion

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Upon review of the competent evidence of record, with reference to the errors assigned, and considering the briefs and oral arguments of the parties, the Full Commission finds no good grounds to receive further evidence, or to rehear the parties or their representatives. Upon reconsideration of the evidence, the Full Commission affirms in part and reverses in part the Opinion and Award of the Deputy Commissioner, and enters the following Opinion and Award.

The Full Commission finds as fact and concludes as matters of law the following, which the parties entered into at the hearing as:

STIPULATIONS *Page 2
1. The parties are subject to the provisions of the North Carolina Workers' Compensation Act.

2. On August 15, 2007, an employment relationship existed between the parties. At all times relevant to these proceedings, Defendant was a duly qualified self-insurer.

3. Defendant accepted Plaintiff's claim for her August 15, 2007 workers' compensation injury by accident to the left thigh. Defendant denied Plaintiff's claims for her injuries to her left knee, hip, and back as unrelated to her August 15, 2007 workers' compensation injury by accident.

4. On August 15, 2007, Plaintiff's average weekly wage was $784.65, yielding a compensation rate of $523.13.

5. Plaintiff and Defendant reserve the right to have independent medical examinations.

6. 7. The parties stipulated to the following documents being admitted into evidence as stipulated exhibits:

a. Stipulated Exhibit One: Plaintiff's medical records;

b. Stipulated Exhibit Two: North Carolina Industrial Commission forms and filings;

c. Plaintiff's Exhibit One: Plaintiff's personnel file;

d. Plaintiff's Exhibit Two: Discovery responses;

e. Plaintiff's Exhibit Three: Photographs of Plaintiff's left thigh injury;

f. Plaintiff's Exhibit Four: Plaintiff's Notice of Award from the Social Security Administration;

g. Plaintiff's Exhibit Five: Plaintiff's list of medications.

*Page 3

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ISSUES
The issues to be determined are:

1. Whether Plaintiff's left knee, hip, and back complaints are compensable consequences of her August 15, 2007 work injury?

2. Whether Plaintiff is entitled to any further workers' compensation benefits?

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Based upon the competent and credible evidence of record, the Full Commission makes the following:

FINDINGS OF FACT
1. Plaintiff is 59 years old, with a date of birth of December 1, 1951, and is married with three adult children. Plaintiff has a high school general equivalency diploma and an associate's degree in business administration. Plaintiff's college studies included courses in accounting and computers.

2. Plaintiff started working in September 1975 for Defendant, who makes intravenous solutions for shipment and sale. Throughout Plaintiff's employment with Defendant, she worked as bag printer, filling operator, material handler, senior material handler, and production technician, and received extensive on-the-job training in the areas of leadership and supervisory skills. From September 24, 2001 until Plaintiff's retirement on August 31, 2007, she worked as a production technician, and supervised the work of others. Plaintiff consistently received excellent employment evaluations and monetary raises for her attendance, good communication skills, helpfulness to others, increased production, and reduced errors. *Page 4

3. On August 15, 2007, Plaintiff was working for Defendant performing her usual duties as a production technician. As Plaintiff was bending over to retrieve a roll of stretch wrap near the conveyor belt at her work area, she had her earplugs in and did not hear the automated guided vehicle near her start up. When Plaintiff realized that the automated guided vehicle was coming toward her, she stood up, and when she stepped back, the front bumper of the vehicle hit her lower left leg just above the ankle, causing the vehicle to stop. When she attempted to step back to get out of the way of the automated guided vehicle, the weight of her body was no longer there to keep the vehicle from moving toward her, and it then moved forward, pinning her between the vehicle and the conveyor belt. A sharp, metal surface of the conveyor belt hit and pinned Plaintiff's inner left leg between it and the automated guided vehicle. According to Plaintiff, the specific area of her left leg being pinned between the conveyor belt and the automated guided vehicle was the inside of her leg starting at her knee and running approximately five inches above her knee.

4. It took several minutes to extricate Plaintiff from between the automated guided vehicle and the conveyor belt. The automated guided vehicle was so heavy that a forklift had to be used to pick it up. During the process of removing the automated guided vehicle with the forklift, some of Plaintiff's co-workers held her up so that she would not pass out from the pain. Once Plaintiff's co-workers removed the automated guided vehicle, she went numb, but was still conscious. Shortly after being extricated from between the automated guided vehicle and the conveyor belt, Plaintiff presented to Ms. Gloria Biddix Hall, an occupational nurse and Defendant's medical department manager. According to Ms. Hall, Plaintiff had a wound to her left thigh above the knee. The Full Commission finds Plaintiff's description of how her August 15, 2007 work injury occurred to be credible. *Page 5

5. Later in the day on August 15, 2007, Plaintiff presented to Dr. Peter George Mangone, an orthopaedist, for treatment. Plaintiff completed a questionnaire wherein she reported an injury to the muscles of her left knee and thigh. Dr. Mangone noted that Plaintiff had a laceration of her left antero-lateral thigh with swelling, and diagnosed an internal degloving-type injury of the left thigh.

6. On August 16, 2007, Dr. Mangone performed an outpatient surgical debridement of Plaintiff's left thigh, which consisted of extensive irrigation and layered closure of the six centimeter laceration. Dr. Mangone released Plaintiff to return to sedentary work with Defendant. Plaintiff returned to work that same day.

7. For the first week following Plaintiff's release to return to work on August 16, 2007, she reported to the nurse's station in Defendant's medical department and slept there long enough to count as being present for a workday so that she could receive her full pay and prevent her August 15, 2007 work injury from counting as a "lost-time accident." According to Plaintiff, one of Defendant's employees would come with a wheelchair and get her out of her car, roll her to a bed in the medical department, and she would sleep for a few hours and then leave. After the first week, Plaintiff was assigned sedentary-duty work with Defendant for the next week to 10 days, until her pre-planned retirement on August 31, 2007.

8. Through the end of October 2007, Dr. Mangone continued to treat Plaintiff, and then referred her to a plastic surgeon for further treatment. On November 1, 2007, Dr. Laurence Ian Arnold, a plastic surgeon, assumed care of Plaintiff. Dr. Arnold determined that Plaintiff's left thigh wound was a "nonhealing wound" with necrotic tissue, and also noted that she had problems with ambulation due to arthritis. On November 2, 2007, Dr.

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Bluebook (online)
Smith v. Baxter International, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-baxter-international-inc-ncworkcompcom-2010.