Synopsis by Eleasa H. Allen, Robinson & Lawing, LLP
On March 21, 2023, the North Carolina Court of Appeals issued its first decision on a case in which the employee is seeking extended compensation pursuant to N.C. Gen. Stat. 97-29(c): Sturdivant v. NC Dept. of Public Safety.
Key Takeaways: (1) The burden of showing a “total loss of wage-earning capacity” under 97-29(c) is the same as the employee’s burden of showing a “total disability” to receive benefits under 97-29(b); and, (2) However, the plaintiff is not entitled to a presumption that he continues to suffer from a total loss of wage-earning capacity based on a prior determination that he was totally disabled under 97-29(b).
Editor’s Note: Thank you to Joy H. Brewer & Ginny P. Lanier, Brewer Defense Group; Frances M. Clement & Kristine L. Prati, Wilson & Ratledge; and, Tracey L. Jones, Logan Shipman & Lindsay Underwood, Teague Campbell, for authoring the Amicus Curae for the NC Association of Defense Attorneys.
