Legal Opinion

Gross v. GENE BENNETT CO.

Court of Appeals of North Carolina

Decided January 18, 2011No. COA10-29PublishedCited by 3 opinions

1Opinion of the Court

STEELMAN, Judge.

Where there was no previous finding of compensability by the Industrial Commission, no previous admission of compensability by the employer, and no agreement as to compensability between the parties, the Parsons presumption is not applicable. Where Dr. Allen’s opinion as to medical causation did not rise above the level of mere possibility, the Industrial Commission’s findings of fact as to medical causation were not supported by competent evidence.

I. Factual and Procedural History

David Gross (“plaintiff’) was working for Gene Bennett Co. (“Bennett”) as a steel…

2Cases cited7 opinions

  1. Young v. Hickory Business FurnitureSupreme Court of North Carolina · 2000
  2. Holley v. Acts, Inc.Supreme Court of North Carolina · 2003
  3. Parsons v. Pantry, Inc.Court of Appeals of North Carolina · 1997
  4. Kisiah v. W.R. Kisiah Plumbing, Inc.Court of Appeals of North Carolina · 1996
  5. Perez v. American Airlines/AMR Corp.Court of Appeals of North Carolina · 2005

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Brewer v. Rent-A-Ctr.Court of Appeals of North Carolina · 2023
  2. Mandujano v. Home Team Pest DefenseNorth Carolina Industrial Commission · 2011
  3. Rogers v. Prestage FoodsNorth Carolina Industrial Commission · 2011

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