Holloway v. Tyson Foods, Inc.

GEER, Judge.

Plaintiff Marty Holloway appeals from an opinion and award of the Full Commission denying his claim for workers’ compensation benefits. Plaintiff primarily argues on appeal that the Commission erred in not imposing sanctions on defendant Tyson Foods, Inc. for spoliation of evidence, including granting a presumption of compensability and monetary sanctions. Under controlling precedent, however, the spoliation of evidence gives rise to a permissive adverse inference and not a presumption. Moreover, the principle of spoliation of evidence as applied in North Carolina has evidentiary…