# Barbour v. Regis Corp.

> North Carolina Industrial Commission · April 30, 2003

URL: https://www.frixlaw.com/law-library/cases/3638653

## Case

- **Full name:** Tammy Barbour, Employee v. Regis Corp., Employer, Employers Insurance of Wausau, Carrier
- **Court:** North Carolina Industrial Commission
- **Decided:** April 30, 2003
- **Precedential status:** Published
- **Opinion:** Dissent
- **Judges:** <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 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/3638653

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3638653. Public record. Not legal advice.