Johnson v. N.C.D.O.H.R.

I respectfully dissent from the majority's reversal of the Deputy Commissioner's Decision and Order in this matter and would adopt and affirm the decision of the Deputy Commissioner on the grounds that there is no violation of a duty on the part of defendant. Moreover, even if defendant were in breach of a duty, there is no proximate cause relating such action or inaction to decedent's suicide.

The plaintiff has the burden to prove by the greater weight of the evidence through expert witnesses that the examining physician failed to meet the standard of care. N.C. Gen. Stat. §90-21.12, Assaad…