Woody v. THOMASVILLE UPHOLSTERY EMPLOYER

552 S.E.2d 202, 146 N.C. App. 187, 2001 N.C. App. LEXIS 857
CourtCourt of Appeals of North Carolina
DecidedSeptember 18, 2001
DocketCOA00-830
StatusPublished
Cited by25 cases

This text of 552 S.E.2d 202 (Woody v. THOMASVILLE UPHOLSTERY EMPLOYER) 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
Woody v. THOMASVILLE UPHOLSTERY EMPLOYER, 552 S.E.2d 202, 146 N.C. App. 187, 2001 N.C. App. LEXIS 857 (N.C. Ct. App. 2001).

Opinions

HUDSON, Judge.

Thomasville Upholstery (defendant) appeals from the 13 January 2000 “Opinion and Award” of the Full Industrial Commission (the Full Commission), awarding Beatrice Woody (plaintiff) temporary total disability benefits, medical expenses, and attorney’s fees, and imposing sanctions upon defendant for violating a discovery order. We affirm.

The Opinion and Award of the Full Commission sets forth twenty-four findings of fact. Because the first nine findings provide a helpful summary of the relevant underlying facts in this case, we set them forth here in substantial part:

1. Plaintiff was a fifty year old female at the time of the hearing before the Deputy Commissioner. Plaintiff began working for defendant in 1988 and worked as a Customer Service Manager prior to the Fall of 1993. In October 1993, plaintiff was transferred to the position of Marketing Assistant. In this position, plaintiff [189]*189demonstrated strong administrative skills and won several awards ....
2. In the spring of 1993, defendant hired Ms. Sharon Bosworth as General Manager of Marketing and Design. Ms. Bosworth was hired for her ability to design new lines of upholstered furniture. The new designs that Ms. Bosworth produced for defendant resulted in a substantial increase in defendant’s income.
3. Shortly after Ms. Bosworth was hired, defendant determined that she did not possess adequate administrative skills and did not demonstrate any desire to develop them. Administrative skills were needed in conjunction with the creative work Ms. Bosworth performed .... To resolve this dilemma, defendant assigned plaintiff as Ms. Bosworth’s assistant to perform administrative duties.
4. Prior to her reassignment, plaintiff had reported directly to Mr. Bob Walters, the new company president. Mr. Walters assured plaintiff that if the transfer was not successful plaintiff would be moved to another position and that her employment with defendant was secure. Plaintiff was also informed of the importance to defendant’s success in the furniture industry of having Ms. Bosworth’s designs distributed to the other departments in a timely fashion.
5. In her new position, plaintiff was required to obtain specifications of new designs from Ms. Bosworth after which plaintiff was to distribute them to the necessary departments. Initially plaintiff and Ms. Bosworth worked well together, and plaintiff had no difficulties in obtaining the information she needed from Ms. Bosworth. Subsequently, for reasons unknown to plaintiff, Ms. Bosworth stopped providing her with the information concerning the new designs. Plaintiff unsuccessfully sought to obtain the needed information by leaving memos and telephone messages with Ms. Bosworth.
6. As time progressed, the relationship between Ms. Bosworth and plaintiff deteriorated. In her dealings with plaintiff, Ms. Bosworth’s tone was short and harsh. Ms. Bosworth cursed at plaintiff and berated her by calling plaintiff “dumb” and “stupid.” Additionally, Ms. Bosworth instructed the employees supposedly supervised by plaintiff to report to her (Ms. Bosworth) rather [190]*190than to plaintiff because plaintiff did not know what she was doing.
7. Due to Ms. Bosworth [sic] behavior, plaintiff grew frustrated and worried over the inability to adequately perform the requirements of her job. Plaintiffs job became more stressful and her repeated attempts to resolve the problems with Ms. Bosworth were not successful. In contrast, plaintiff had managed the stress associated with her former position with defendant and was able to resolve prior problems.
8. Ms. Jan Comer, defendants [sic] human resources manager, was informed by plaintiff of the problems with Ms. Bosworth. Ms. Comer was played a tape of a conversation between plaintiff and Ms. Bosworth. Having heard the contents of this taped conversation, Ms. Comer corroborated plaintiffs testimony that Ms. Bosworth cursed at plaintiff, had called her a “bitch,” and that Ms. Bosworth was insulting in her tone. Based upon these and other workplace examples, Ms. Comer was of the opinion that Ms. Bosworth was emotionally unstable.
[9]. Ms. Comer played the tape in question for Mr. Walters and discussed with him the need for professional counseling for Ms. Bosworth. Plaintiff also personally informed Mr. Walters of the problems with Ms. Bosworth. Plaintiff was informed by Mr. Walters that any workplace issues or problems would be resolved and that her employment with defendant was not in jeopardy. Mr. Walters further indicated to plaintiff that he would discuss the situation with Ms. Bosworth. However, Mr. Walters’ discussions with Ms. Bosworth regarding plaintiffs concerns only worsened the situation, resulting in increased pressure and stress on plaintiff. Additionally, Mr. Walters promoted Ms. Bosworth to vice-president on 27 May 1994 and Ms. Comer was fired after expressing her views concerning Ms. Bosworth’s conduct.

As to the merits of plaintiffs claim, the Full Commission entered the following Conclusions of Law:

1. Plaintiffs salary and average weekly wage at the time of her termination on 22 June 1994 yields the maximum compensation rate for 1994, $466.00 per week. N.C. Gen. Stat. § 97-2(5).
2. Plaintiffs employment with defendant caused her depression and exposed her to an increased risk of developing this condition as compared to members of the general public not so employed. [191]*191N.C. Gen. Stat. § 97-53(13). Because plaintiffs fibromyalgia was caused or significantly aggravated by her depression, it was also caused by her employment with defendant. Id.-, N.C. Gen. Stat. § 97-2(6).
3. As the result of her depression and fibromyalgia, plaintiff is entitled [] to be paid by defendant temporary total disability compensation at the rate of $466.00 per week for the period of 23 June 1994 through the present and continuing until such time as she returns to work or further order of the Commission. N.C. Gen. Stat. § 97-29.
4. As the result of her depression and fibromyalgia, plaintiff is entitled to have defendant pay all medical expenses incurred or to be incurred. N.C. Gen. Stat. § 97-2(19); N.C. Gen. Stat. § 97-25.
5. Pursuant to Industrial Commission Rule 802, defendant’s failure to comply with Deputy Commissioner Glenn’s 5 August 1997 Order Compelling Discovery subjects it to the imposition of sanctions. Accordingly, defendant is assessed an additional attorney’s fee in the amount of $2,585.00 for the time and effort expended by counsel for plaintiff on this issue. N.C.R. Civ. P. 37.

Accordingly, the Full Commission awarded plaintiff temporary total disability benefits beginning 23 June 1994, the cost of all medical expenses, attorney’s fees of 25% of the compensation due plaintiff, $2,585.00 in sanctions, and costs. Defendant timely appealed to this Court.

On appeal, defendant presents thirty-eight assignments of error condensed into five arguments for our review. The first three arguments pertain to defendant’s violation of a discovery order and the procedural history surrounding that issue. The fourth argument pertains to the alleged impartiality of the Deputy Commissioner who first entered an “Opinion and Award” in the case.

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Bluebook (online)
552 S.E.2d 202, 146 N.C. App. 187, 2001 N.C. App. LEXIS 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woody-v-thomasville-upholstery-employer-ncctapp-2001.