Tanner v. Columbus McKinnon Corp.

The undersigned respectfully dissents from the Opinion and Award of the majority finding that plaintiff's current job is so modified due to his physical limitations that it is not indicative of plaintiff's wage earning capacity.

The North Carolina Court of Appeals has defined suitable employment as any job that plaintiff is capable of performing considering his age, education, physical limitations, vocational skills, and experience.Lowery v. Duke University, 167 N.C.App. 714, 609 S.E.2d 780 (2005). The greater weight of the competent evidence proves that the tool and dye position with…