Battle v. New Southern of Rocky Mount

In a prior Opinion and Award, filed November 20, 1990 by Deputy Commissioner Jan Pittman, plaintiff was found to be totally disabled. The sole issue on appeal is whether plaintiff is entitled to a replacement prosthesis. The Deputy Commissioner was correct that, to the extent the reference to "original artificial members" in N.C.G.S. § 97-25 (transferred to § 97-2(19) when the Legislature created a combined, consistent definition of "medical compensation" for Sections 10.2, 25, 29, 59, and 90 in 1991) was a limit on the number of prostheses necessary due to the compensable injury for which…