Starks v. Texas-Capital Contractors, Inc.

As stated in plaintiff's brief:

The question at issue in this case is whether the plaintiff is disabled and therefore entitled to continuing disability benefits. Disability is defined by the Workers' Compensation Act as impairment of one's earning capacity rather than physical disablement; an "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment." N.C.G.S. § 97-2(9) (2000);Brown v. SN Communications, Inc., 124 N.C. App. 320, 477 S.E.2d 1970996).

Initially, the claimant must prove both the extent and degree of…