McKenzie v. McCarter Electrical Co.

ORR, Judge.

Plaintiff argues that the Industrial Commission erred in limiting his compensation to an award for damage to his back under N.C.G.S. § 97-31.

In order to obtain compensation under the Workers’ Compensation Act, the claimant must prove the existence of a disability as well as its extent. Hilliard v. Apex Cabinet Co., 305 N.C. 593, 290 S.E. 2d 682 (1982). “Disability” is defined by N.C.G.S. § 97-2(9) as “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” “To support a conclusion of disability, the…