Prestwood v. Caldwell County Sheriff's Department
North Carolina Industrial Commission
1Dissent
I respectfully dissent from the majority opinion herein for the following reasons. The majority found that the part-time job Plaintiff found on his own through a friend established "that Plaintiff's incapacity for work resulting from his work-related injury is partial, and that the job at Speedy Car Wash is suitable." Based on this reasoning, the majority awarded Plaintiff temporary partial disability compensation under N.C. Gen. Stat. § 97-30 which will end in approximately 80 weeks whether or not he is still disabled. I disagree with the determination of the majority on this issue.
I am of…
2Cases cited2 opinions
- Peoples v. Cone Mills Corp.Supreme Court of North Carolina · 1986
- Clayton v. Mini Data Forms, Inc.Court of Appeals of North Carolina · 2009