Opinion

Barbour v. Regis Corp.

Court
North Carolina Industrial Commission
Filed
Apr 30, 2003
Status
Published
On the bench
<center> OPINION AND AWARD for the Full Commission by LAURA KRANIFELD MAVRETIC, Commissioner, and DISSENT by RENEE C. RIGGSBEE, Commissioner, N.C. Industrial Commission.</center>
Cited by
0 cases

The opinion

In my opinion, the Deputy Commissioner correctly found that the medical evidence failed to support a claim that the neck problems of which plaintiff complained in late January 1999 were related to her fall almost eight months earlier. Dr. Alioto's opinion was that plaintiff's cervical condition was not caused by her fall. Dr. Lestini stated that it was difficult to establish a causal relationship between the neck condition and the fall because of the time lapse. To find otherwise requires a strained reading of the totality of the medical depositions. Medical causation should be based on competent medical opinion and not speculation and conjecture. For this reason, I would affirm the Opinion and Award of the Deputy Commissioner.

S/_______________ RENEE C. RIGGSBEE COMMISSIONER

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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