Legal Opinion

Brown v. S & N COMMUNICATIONS, INC.

Court of Appeals of North Carolina

Decided November 5, 1996No. COA95-1283PublishedCited by 51 opinions

1Opinion of the Court

EAGLES, Judge.

Plaintiff contends that the Industrial Commission erred by failing to apply the continuing presumption of disability in favor of the plaintiff. We agree.

The Worker’s Compensation Act compensates an employee for work related injuries which prevent him from making the equivalent amount of wages he made before the injury. Watson v. Winston-Salem Transit Authority, 92 N.C. App. 473, 475, 374 S.E.2d 483, 485 (1988). In order to receive disability compensation under the Act, the mere fact of an on the job injury is not sufficient. The injury must have impaired the worker’s earning…

2Cases cited11 opinions

  1. Hilliard v. Apex Cabinet Co.Supreme Court of North Carolina · 1982
  2. Watkins v. Central Motor Lines, Inc.Supreme Court of North Carolina · 1971
  3. Franklin v. Broyhill Furniture IndustriesCourt of Appeals of North Carolina · 1996
  4. Kennedy v. Duke University Medical CenterCourt of Appeals of North Carolina · 1990
  5. Gupton v. Builders TransportSupreme Court of North Carolina · 1987

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

3Cited by51 opinions

  1. Knight v. Wal-Mart Stores, Inc.Court of Appeals of North Carolina · 2002
  2. Effingham v. THE KROGER CO.Court of Appeals of North Carolina · 2002
  3. Allen v. Roberts Electrical ContractorsCourt of Appeals of North Carolina · 2001
  4. Russos v. Wheaton IndustriesCourt of Appeals of North Carolina · 2001
  5. Oliver v. Lane Co.Court of Appeals of North Carolina · 2001

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

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