Adams v. METALS USA

The majority’s opinion holds that Dr. Kritzer’s testimony sufficiently established causation to affirm the Commission’s award. I respectfully dissent.

“Plaintiff has the burden to prove each element of compensability.” Holley v. ACTS, Inc., 357 N.C. 228, 234, 581 S.E.2d 750, 754 (2003) (citing Harvey v. Raleigh Police Dep’t, 96 N.C. App. 28, 35, 384 S.E.2d 549, 553, disc. rev. denied, 325 N.C. 706, 388 S.E.2d 454 (1989); Taylor v. Twin City Club, 260 N.C. 435, 437, 132 S.E.2d 865, 867 (1963)). “[T]he plaintiff must prove that the accident was a causal factor by a ‘preponderance of the…