Legal Opinion

Powell v. Singer Furniture Company

North Carolina Industrial Commission

Decided September 26, 1995No. I.C. No. 173065Published

1Opinion of the Court

The greater weight of the medical evidence — including Dr. Shull's diagnosis, Dr. Morowitz's neurological studies and Dr. Marchese's operative findings — support the Deputy Commissioner's conclusion that plaintiff's hand and arm malady was an occupational disease, caused or exacerbated by work activity. While plaintiff may have been more susceptible to repetitive motion problems than other persons performing the same job, it is axiomatic that the "employer accepts an employee as he is" for compensation liability purposes. Anderson v. A.M. SmyreManufacturing Co., 54 N.C. App. 337, 341, 283…

2Cases cited7 opinions

  1. Barber v. Babcock & Wilcox Construction Co.Court of Appeals of North Carolina · 1991
  2. Deese v. Southeastern Lawn and Tree Expert Co.Supreme Court of North Carolina · 1982
  3. Hewett Ex Rel. Wilson v. GarrettSupreme Court of North Carolina · 1968
  4. Anderson v. A. M. Smyre Manufacturing Co.Court of Appeals of North Carolina · 1981
  5. Frady v. Groves Thread/General Accident Ins.Court of Appeals of North Carolina · 1982

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