Opinion

Jenkins v. Easco Aluminum Corp.

  • 142 N.C. App. 71
  • 541 S.E.2d 510
  • 2001 N.C. App. LEXIS 38
Court
Court of Appeals of North Carolina
Filed
Feb 6, 2001
Status
Published
Author
Greene
On the bench
Horton, Tyson, Greene
Cited by
19 cases
Authority
More cited than 6.7%

holding the Industrial Commission failed to indicate consideration of testimony regarding causation where there was "no mention at all of Dr. Downes' testimony in the opinion and award, nor any finding from which we can reasonably infer that the Commission gave proper consideration to his testimony"

How later courts described this case

  • holding the Industrial Commission failed to indicate consideration of testimony regarding causation where there was "no mention at all of Dr. Downes' testimony in the opinion and award, nor any finding from which we can reasonably infer that the Commission gave proper consideration to his testimony"
  • the Commission “may not wholly disregard competent evidence”

Written by the judges who cited it.

The opinion

Judge Greene

dissenting in part.

As I believe there is no evidence in this record that other employers would hire plaintiff in a job with a wage comparable to her pre-injury wages, the opinion and award of the Commission must be reversed and remanded for an award of appropriate compensation. 1 Saums v. Raleigh Community Hospital, 346 N.C. 760, 765 , 487 S.E.2d 746, 750 (1997) (there must be evidence “employers, other than defendant, would hire plaintiff to do a similar job at a comparable wage”). I would not, therefore, find it necessary to remand this case to the Commission for consideration of Dr. Downes’ testimony, as required by the majority. I, therefore, respectfully dissent on this issue. I, however, agree with the majority with respect to the section 97-12 and the permanent partial disability (for loss of fingers) issues.

. Indeed, the Commission did not find as fact plaintiff was capable of obtaining a position as a quality inspector in the competitive job market, taking into account plaintiff’s physical limitations.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.