N.C. Industrial Commission rules for Triad woman
(Greensboro, N.C., July 12, 2006) - Ending an eight-year legal battle that went all the way to the N.C. Supreme Court, the N.C. Industrial Commission has ruled that an elderly Winston-Salem woman who was hurt while working at Wal-Mart is entitled to lifelong disability benefits and medical treatment for her injuries.
Sandra Clark of Winston-Salem began working as a Wal-Mart greeter in July 1998. A few days before Christmas 1998, Clark was asked to stand on a 10-foot ladder and move a decorative sled that was above her head. Clark, who has osteoporosis and was under doctor's orders to avoid heavy lifting, felt a sharp pain in her lower back after moving the sled and was diagnosed with two fractured vertebrae, an injury that prevented her from working.
Clark's employer initially began paying workers' compensation benefits. But in 2000, Wal-Mart applied to the N.C. Industrial Commission to stop payments to Clark, arguing that Clark and her attorneys had the burden of proving that Clark was entitled to continuing disability payments.
The N.C. Supreme Court ruled on the case in October 2005, siding with Wal-Mart and setting a precedent that puts the burden on the employee to prove disability in all claims, even claims where the employer has accepted liability. The court ruled that even if an employer begins paying a workers' compensation claim, there is no presumption of continuing disability. The N.C. Supreme Court remanded Clark's case to the N.C. Industrial Commission for a decision consistent with its ruling.
"Sandra Clark's case is significant because it affects everybody that has a workers' compensation claim," said Dan Deuterman of the Deuterman Law Group, the firm that represented Clark. "The court's ruling really pulled the rug out from under these workers by saying that there's no presumption of disability or continuing benefits. It effectively allows the employers to stop making payments at any time."
Fortunately for Clark, the N.C. Industrial Commission ruled on remand that she had proven her injury at Wal-Mart left her permanently disabled and that she is entitled to benefits of $154.91 per week for the rest of her life. In addition, the retailer must pay for her ongoing medical care, including treatment for her back pain, which has been denied her since 1998.
"To this day, they have never paid for treatment for her osteoporosis, which would have mitigated her pain," Deuterman said. "With her low workers' compensation income level, Mrs. Clark could never have afforded to pay for this treatment herself. She would have had to forego eating for a week to do the treatment. But thankfully, she no longer has to make that choice. Now, in addition to disability payments, she finally will get the medical treatment she needs."
Very good reading. Peace until next time.
WaltDe
Dan, it seems like one of the issues here has to do with drawing the line between economic damages and medical harm arising from a specific work injury and any additional economic harm and medical permanancy that also arises from a pre-existing problem (like Mrs. Clark's osteoporosis). It appears that in this case, at least, the Industrial Commission, recognized that there was no way to fairly draw that line.
Jonathan Ginsberg
Ginsberg Law Offices
Atlanta, GA