# Ruffin v. Sumitomo Electric Lightwave Corp. > North Carolina Industrial Commission · December 5, 2001 URL: https://www.frixlaw.com/law-library/cases/3636246 ## Case - **Full name:** Mary Ruffin, Employee v. Sumitomo Electric Lightwave Corporation, Employer, Sumitomo Marine Management, Carrier - **Court:** North Carolina Industrial Commission - **Decided:** December 5, 2001 - **Precedential status:** Published - **Opinion:** Dissent - **Judges:**
OPINION AND AWARD for the Full Commission by THOMAS J. BOLCH, Commissioner, and DISSENT by DIANNE C. SELLERS, Commissioner.
- **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3636246 ## Opinion text I respectfully dissent from the majority Opinion and Award affirming the decision of the Deputy Commissioner in this matter. Plaintiff has failed to prove by the greater weight of the evidence that she sustained a compensable occupational disease to her knees or right ankle pursuant to N.C. Gen. Stat. § 97-53 (13) as a result of her employment with defendant-employer. The greater weight of the medical evidence of record indicates that while plaintiff's symptoms may have been irritated by her work activities, her employment did not significantly contribute to the development of any disease or place her at a greater risk than the general public of developing such a disease. Therefore, plaintiff's evidence is not sufficient to meet the necessary statutory requirements for proving an occupational disease. Assuming arguendo that plaintiff had proven an occupational disease, plaintiff has nevertheless failed to prove that any disability resulted from the alleged occupational disease. Accordingly, plaintiff's claim is not compensable pursuant to the Act. This the ___ day of December 2001. S/_______________ DIANNE C. SELLERS COMMISSIONER --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3636246. Public record. Not legal advice.