Opinion

King v. Caswell Center

Court: North Carolina Industrial Commission
Filed: Nov 7, 2011
Status: Published
On the bench: <center> OPINION AND AWARD for the Full Commission by CHRISTOPHER SCOTT, Commissioner, and DISSENT by STACI T. MEYER, Commissioner, N.C. Industrial Commission.</center>
Cited by: 0 cases
Authority: More cited than 42.2%

The opinion

I respectfully dissent from the majority opinion finding that Plaintiff is entitled to ongoing temporary total disability benefits. Greater weight should be given to the testimony and opinions of Dr. Tucci. In doing so, based upon a preponderance of the evidence, Plaintiff has failed to prove that she is disabled as a result of her compensable injury and that she is entitled to ongoing temporary total disability benefits. Russell v. Lowes Prod. Distrib. , 108 N.C. App. 762 , 425 S.E. 2d 454 (1993).

This the 3rd day of November 2011.

S/___________________ STACI T. MEYER COMMISSIONER

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