{ "id": 8523924, "name": "JAMES WARNER CRATT, Employee, Plaintiff v. PERDUE FARMS, INC., Employer; SELF-INSURED (Crawford & Company, Servicing Agent), Defendant", "name_abbreviation": "Cratt v. Perdue Farms, Inc.", "decision_date": "1991-03-19", "docket_number": "No. 9010IC875", "first_page": "336", "last_page": "338", "citations": [ { "type": "official", "cite": "102 N.C. App. 336" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "270 S.E.2d 116", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1980, "opinion_index": 0 }, { "cite": "300 N.C. 562", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8563992, 8564011, 8563944, 8563965 ], "year": 1980, "opinion_index": 0, "case_paths": [ "/nc/300/0562-03", "/nc/300/0562-04", "/nc/300/0562-01", "/nc/300/0562-02" ] }, { "cite": "266 S.E.2d 676", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1980, "opinion_index": 0 }, { "cite": "300 N.C. 329", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8561147 ], "year": 1980, "opinion_index": 0, "case_paths": [ "/nc/300/0329-01" ] }, { "cite": "324 S.E.2d 214", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "opinion_index": 0 }, { "cite": "312 N.C. 538", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4751019 ], "year": 1985, "opinion_index": 0, "case_paths": [ "/nc/312/0538-01" ] }, { "cite": "349 S.E.2d 595", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "opinion_index": 0 }, { "cite": "318 N.C. 415", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4737321, 4739148, 4740524, 4738711, 4736029 ], "year": 1986, "opinion_index": 0, "case_paths": [ "/nc/318/0415-05", "/nc/318/0415-01", "/nc/318/0415-04", "/nc/318/0415-03", "/nc/318/0415-02" ] }, { "cite": "344 S.E.2d 285", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1986, "opinion_index": 0 }, { "cite": "81 N.C. App. 482", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8523902 ], "year": 1986, "opinion_index": 0, "case_paths": [ "/nc-app/81/0482-01" ] } ], "analysis": { "cardinality": 328, "char_count": 5048, "ocr_confidence": 0.781, "pagerank": { "raw": 6.770845263994211e-08, "percentile": 0.4139874564115514 }, "sha256": "73e9d5eeec927d541b0f290c276857aa149b0bfe1f0ef23bbdd8a3af820a3c7a", "simhash": "1:371bd10a9c3256cf", "word_count": 790 }, "last_updated": "2023-07-14T21:20:04.252791+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges COZORT and LEWIS concur." ], "parties": [ "JAMES WARNER CRATT, Employee, Plaintiff v. PERDUE FARMS, INC., Employer; SELF-INSURED (Crawford & Company, Servicing Agent), Defendant" ], "opinions": [ { "text": "HEDRICK, Chief Judge.\nPlaintiff assigns error to the refusal of the Commission to award him permanent total disability benefits pursuant to G.S. 97-29. Plaintiff argues that the evidence shows that he is permanently disabled from any and all kinds of employment because of his severe back and leg discomfort, a degenerative condition which is not expected to improve.\nIn Harmon v. Public Service of N.C., Inc., 81 N.C. App. 482, 344 S.E.2d 285, disc. review denied, 318 N.C. 415, 349 S.E.2d 595 (1986), quoting Fleming v. K-Mart Corp., 312 N.C. 538, 324 S.E.2d 214 (1985), this Court held that when an injury to the back causes referred pain to the extremities of the body and this pain impairs the use of the extremities, the award of workers\u2019 compensation must take into account such impairment and also that a plaintiff suffering from \u201cchronic back and leg pain\u201d cannot be fully compensated under G.S. 97-31 and is entitled to compensation under G.S. 97-29.\nIn passing upon an appeal from an award of the Industrial Commission, the reviewing court is limited in its inquiry to: (1) whether there was any competent evidence before the Commission to support its findings of fact; and (2) whether the conclusions of law are supported by the findings of fact. Barham v. Food World, 300 N.C. 329, 266 S.E.2d 676, reh\u2019g denied, 300 N.C. 562, 270 S.E.2d 116 (1980).\nThe Industrial Commission found as a fact that plaintiff \u201cultimately reached maximum medical improvement and/or the end of the healing period\u201d and that plaintiff was having \u201cno significant back or leg discomfort.\u201d Based on that determination, the Commission concluded as a matter of law that plaintiff was not entitled to recover for permanent total disability under G.S. 97-29, but was relegated to a recovery under G.S. 97-31 for permanent partial disability of the back.\nIn reviewing the record, we find no competent evidence to support the finding that \u201cthe plaintiff is suffering no significant back or leg discomfort.\u201d On the contrary, our review finds evidence which shows that plaintiff is continuing to experience severe back and leg discomfort any time he attempts to become normally active, and that this condition is at least partially attributable to the injury plaintiff sustained. Whether the evidence in the record is sufficient to support a finding that plaintiff is totally and permanently disabled within the meaning of G.S. 97-29 is yet to be determined.\nTherefore, the cause is remanded to the Industrial Commission to make findings from the evidence sufficiently definitive to determine the question of whether the plaintiff is entitled to benefits under G.S. 97-29.\nRemanded.\nJudges COZORT and LEWIS concur.", "type": "majority", "author": "HEDRICK, Chief Judge." } ], "attorneys": [ "Hugh D. Cox for plaintiff, appellant.", "Williamson, Herrin, Barnhill & Savage, by Mickey A. Herrin, for defendant, appellee." ], "corrections": "", "head_matter": "JAMES WARNER CRATT, Employee, Plaintiff v. PERDUE FARMS, INC., Employer; SELF-INSURED (Crawford & Company, Servicing Agent), Defendant\nNo. 9010IC875\n(Filed 19 March 1991)\nMaster and Servant \u00a7 96.6 (NCI3d)\u2014 workers\u2019 compensation\u2014 employee\u2019s leg and back discomfort \u2014 Industrial Commission\u2019s finding not supported by evidence\nThere was no competent evidence to support the Industrial Commission\u2019s- finding that plaintiff was \u201csuffering no significant back or leg discomfort,\u201d since there was evidence that plaintiff continued to experience severe back and leg discomfort any time he attempted to become normally active and that the condition was at least partially attributable to the injury plaintiff sustained while in defendant\u2019s employ; therefore, the case is remanded to the Industrial Commission for a finding as to whether plaintiff was permanently and totally disabled within the meaning of N.C.G.S. \u00a7 97-29.\nAm Jur 2d, Workmen\u2019s Compensation \u00a7\u00a7 289, 340, 550.\nAPPEAL by plaintiff from an opinion and award of the North Carolina Industrial Commission entered 17 April 1990. Heard in the Court of Appeals 20 February 1991.\nThis is a proceeding under the Worker\u2019s Compensation Act wherein plaintiff seeks to recover compensation for injuries sustained. The record tends to show the following: On 19 April 1986, plaintiff suffered a back injury while working for Perdue Farms, Inc. This injury aggravated a pre-existing but previously asymptomatic degenerative condition of plaintiff\u2019s spine, and necessitated surgery to excise a herniated disc, as well as corrective surgery to alleviate decompression of the lumbar nerve roots resulting from the pre-existing degenerative condition.\nThe Industrial Commission made findings of fact and conclusions of law and awarded plaintiff compensation at a rate of $165.75 per week during the period 26 June 1986 to 17 June 1987 on account of plaintiff\u2019s temporary total disability, and an additional seventy-five weeks compensation at the same weekly rate on account of his retained twenty-five per cent (25%) permanent partial disability pursuant to G.S. 97-31, as well as reasonable attorney fees, and medical expenses incurred as a result of the injury by accident.\nPlaintiff appealed.\nHugh D. Cox for plaintiff, appellant.\nWilliamson, Herrin, Barnhill & Savage, by Mickey A. Herrin, for defendant, appellee." }, "file_name": "0336-01", "first_page_order": 366, "last_page_order": 368 }