Jenkins v. Easco Aluminum Corp.

HORTON, Judge.

Plaintiff was totally disabled as the result of her injuries from 17 May 1993 to 10 April 1994, and was paid temporary total disability pursuant to a Form 21 agreement during that time. The Industrial Commission approved the Form 21 agreement, which provided that defendants would pay compensation of $216.54 per week to plaintiff for “necessary” weeks. As a result of the agreement, plaintiff was “cloaked in the presumption of disability, and the burden was on the employer to rebut that presumption.” Saums v. Raleigh Community Hospital, 346 N.C. 760, 764, 487 S.E.2d 746, 750…