Sims v. Charmes/Arby's Roast Beef

MARTIN, Judge.

Benny Sims (“plaintiff’) injured his back lifting a case of beef while working for Charmes/Arby’s Roast Beef (along with North Carolina Self-Insurers Fund, “defendants”) on 25 October 1994. Defendants immediately filed Industrial Commission Form 19 and began making temporary disability payments effective the day of plaintiff’s injury; thereafter, defendants filed a Form 60 admitting liability and plaintiffs right to compensation. Dr. Richard O’Keeffe, Jr., diagnosed plaintiff with multiple bulging discs. On 15 June 1995, plaintiff was given a ten percent permanent disability…