Legal Opinion · Dissent

Prestwood v. Caldwell County Sheriff's Department

North Carolina Industrial Commission

Decided July 12, 2010No. I.C. NO. 581752Published

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

  1. Peoples v. Cone Mills Corp.Supreme Court of North Carolina · 1986
  2. Clayton v. Mini Data Forms, Inc.Court of Appeals of North Carolina · 2009

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