Brown v. S and N Communications, Inc.

The term "disability," as that term is used in the Workers' Compensation Act, is incapacity because of injury to earn, in the same or any other employment, the wages which the employee was receiving at the time of his injury. (See N.C.G.S. § 97-2(9). When, as in this case, an award is made by the Industrial Commission there is a presumption in favor of the employee that disability lasts until the employee returns to work and likewise a presumption that disability ends when the employee returns to work at wages equal to those he was receiving at the time his injury occurred. (See Watkins v.…