Opinion

Gorzkowski v. Richway Development Corp.

Court: North Carolina Industrial Commission
Filed: Dec 23, 2008
Status: Published
On the bench: <center> OPINION AND AWARD for the Full Commission by DIANNE C. SELLERS, Commissioner, and CONCURRENCE by BERNADINE S. BALLANCE, Commissioner, N.C. Industrial Commission.</center>
Cited by: 0 cases
Authority: More cited than 42.3%

The opinion

I concur with the majority opinion but want to further emphasize that plaintiff may still establish continuing total disability after February 8, 2008 by filing of a request for hearing and presenting additional evidence of disability through the factors set forth in Russell v. Lowes Product Distribution , 108 N.C. App. 762 , 425 S.E.2d 454 (1993).

S/______________________

BERNADINE S. BALLANCE

COMMISSIONER

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