Easter-Rozzelle v. City of Charlotte

TYSON, Judge.

*199The City of Charlotte ("Defendant") appeals from the Opinion and Award issued by the North Carolina Industrial Commission in favor of David Easter-Rozzelle ("Plaintiff"). We reverse.

I. Background

Plaintiff was employed by Defendant as a utility technician. On 18 June 2009, Plaintiff sustained injury to his neck and right shoulder while lifting a manhole cover to access a sewer line. Defendant filed a Form 60 in the Industrial Commission admitting liability and compensability for the injury.

Plaintiff was treated by Dr. Scott Burbank at OrthoCarolina for the shoulder injury. On 22…