Crane v. Berry's Clean-Up & Landscaping, Inc.

GEER, Judge.

Defendants Berry’s Clean-Up and Landscaping, Inc. and its insurance carrier, North Carolina Farm Bureau Mutual Insurance Company, appeal from an opinion and award of the North Carolina Industrial Commission awarding plaintiff Jody Crane temporary total disability benefits as a result of a back injury. Because our review of the record reveals that the Commission may have rendered its decision under a misapprehension of the law, we reverse and remand this case for further proceedings.

Facts

On Friday, 5 February 1999, Mr. Crane, a landscaper, was changing a rear tractor tire on his…