# Pittman v. Wal-Mart Stores, Inc. > North Carolina Industrial Commission ยท October 14, 2005 URL: https://www.frixlaw.com/law-library/cases/3639241 ## Case - **Full name:** Melvyn Pittman, Employee v. Wal-Mart Stores, Inc., Employer, American Home Assurance, Carrier - **Court:** North Carolina Industrial Commission - **Decided:** October 14, 2005 - **Precedential status:** Published - **Opinion:** Dissent - **Judges:**
OPINION AND AWARD for the Full Commission by BERNADINE S. BALLANCE, Commissioner, and DISSENT by BUCK LATTIMORE, Chairman.
- **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/3639241 ## Opinion text The undersigned respectfully dissents from the Opinion and Award awarding plaintiff additional workers' compensation benefits. The majority awards plaintiff further benefits based upon the opinion of Dr. Mark Easley relating plaintiff's symptoms to the work accident. Plaintiff relayed an incorrect history regarding the history of the injury and his symptoms to Dr. Easley. Particularly, plaintiff reported to Dr. Easley that he had been unable to perform his job and was unable to walk without pain since the work accident. In fact, plaintiff continued to work for defendant-employer for nearly a year after the accident. As Dr. Easley's opinions are based upon this inaccurate history, greater weight should be given to Dr. Greig McAvoy, the physician who treated plaintiff immediately after the injury. Accordingly, I believe former Deputy Commissioner Dollar's decision denying plaintiff further benefits should be AFFIRMED. This the 12 th day of October 2005. S/____________ BUCK LATTIMORE CHAIRMAN --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3639241. Public record. Not legal advice.