Limitation in Application of Wilkes v. City of Greenville 777 S.E.2d 282, 287 (2015) Pending North Carolina Supreme Court Review
An accident occurred resulting in an admitted low back injury. Plaintiff alleged that the accident resulted in additional injuries. Plaintiff argued that Defendants’ Form 60 as to the low back resulted in a presumption that additional medical treatment for all other alleged injuries is also compensable.
Defendants argued that Parsons and its progeny, including Wilkes, deal only with claims for additional medical compensation under N.C. Gen. Stat. § 97-25; not claims for additional injury arising out of the accident itself. The Court of Appeals agreed holding “the Parsons presumption was not applicable to plaintiff's wholly separate physical injuries until defendants either admitted they were compensable or the Commission found a causal relationship exists between the accident and that specific injury”.
Henderson v. Goodyear Tire & Rubber Co., 786 S.E.2d 433 (2016)(unpublished)
Synopsis provided by Matthew Ledwith, Hedrick Gardner Kincheloe & Garofalo, LLP
