Johnson v. Jones Group, Inc.

JOHN, Judge.

Plaintiff appeals denial by the North Carolina Industrial Commission (the Commission) of workers’ compensation benefits based upon his “unjustifiab[le] refus[al] to cooperate with defendants’ rehabilitative efforts despite order of the Industrial Commission.” We find certain of plaintiff’s arguments persuasive and vacate the order of the Commission.

Pertinent facts and procedural information are as follows: On 20 March 1991, plaintiff fell fifty feet down an elevator shaft and suffered a catastrophic closed head injury while working as a carpenter for defendant employer. Plaintiff…