Legal Opinion

Myles v. LMS Inc.

Court of Appeals of North Carolina

Decided December 30, 2016No. COA16-548PublishedCited by 4 opinions

1Opinion of the Court

BRYANT, Judge.

Where plaintiff failed to establish that he made a reasonable effort to search for employment and failed to establish the futility of such a search, we affirm the Commission's conclusion that plaintiff failed to establish disability. And where plaintiff's request for additional medical compensation was barred by a two-year statute of limitations, we affirm the Commission's denial of the request.

Pursuant to the record, on 31 July 2002, plaintiff Andree Myles was working as an employee of defendant employer LMS, Inc. when he sustained a compensable injury: plaintiff was unloading…

2Cases cited12 opinions

  1. Russell v. Lowes Product DistributionCourt of Appeals of North Carolina · 1993
  2. Hilliard v. Apex Cabinet Co.Supreme Court of North Carolina · 1982
  3. Adams v. AVX Corp.Supreme Court of North Carolina · 1998
  4. Peoples v. Cone Mills Corp.Supreme Court of North Carolina · 1986
  5. Anderson v. LINCOLN CONSTRUCTION COMPANYSupreme Court of North Carolina · 1965

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3Cited by4 opinions

  1. Asby v. Medtronic, Inc.District Court, E.D. North Carolina · 2023
  2. Ravish Sachar and Spouse Jignasa Sachar v. Resideo Technologies, Inc., a Delaware Corporation, and First Alert, Inc., a Delaware Corporation, BRK Brands, Inc., a Delaware CorporationDistrict Court, E.D. North Carolina · 2026
  3. THE CITY OF HIGH POINT, NORTH CAROLINA v. SUEZ TREATMENT SOLUTIONS INC.District Court, M.D. North Carolina · 2020
  4. THOMASSON v. GREENSBORO NEWS & RECORD, INC.District Court, M.D. North Carolina · 2020

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