Harmon v. Public Service of North Carolina, Inc.

WHICHARD, Judge.

Plaintiff contends the Deputy Commissioner and the full Commission should have considered his referred pain to the extremities of the body in determining whether he has sustained a change of condition under N.C. Gen. Stat. 97-47. We agree.

“When ... an injury to the back causes referred pain to the extremities of the body and this pain impairs the use of the extremities, then the award of workers’ compensation must take into account such impairment.” Fleming v. K-Mart Corp., 312 N.C. 538, 546, 324 S.E. 2d 214, 218-19 (1985). See also Kendrick v. City of Greensboro, 80 N.C. App.…