{
  "id": 8521964,
  "name": "JOANNE ELLIOT, Plaintiff v. A. O. SMITH CORPORATION and EMPLOYERS INSURANCE OF WAUSAU, Defendants",
  "name_abbreviation": "Elliot v. A. O. Smith Corp.",
  "decision_date": "1991-07-16",
  "docket_number": "No. 9010IC1062",
  "first_page": "523",
  "last_page": "524",
  "citations": [
    {
      "type": "official",
      "cite": "103 N.C. App. 523"
    }
  ],
  "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": "340 S.E.2d 111",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1986,
      "opinion_index": 0
    },
    {
      "cite": "79 N.C. App. 572",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8522105
      ],
      "year": 1986,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/79/0572-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 193,
    "char_count": 2332,
    "ocr_confidence": 0.723,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20550232851413344
    },
    "sha256": "88ea898deb62f5cde42b8db034817e185be57c2fd49612f1b46ad12f60478877",
    "simhash": "1:e2ef4b9f65c344f8",
    "word_count": 368
  },
  "last_updated": "2023-07-14T17:27:13.805826+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Parker and Greene concur."
    ],
    "parties": [
      "JOANNE ELLIOT, Plaintiff v. A. O. SMITH CORPORATION and EMPLOYERS INSURANCE OF WAUSAU, Defendants"
    ],
    "opinions": [
      {
        "text": "PHILLIPS, Judge.\nPlaintiff appeals from an Opinion and Award denying her claim for compensation under the Workers\u2019 Compensation Act. The claim was denied on two grounds \u2014 first, that she was not injured by accident as she maintains, and second, that without reasonable excuse she failed to notify the employer of the alleged accident within thirty days of its occurrence as G.S. 97-22 requires. Her claim is that on 9 July 1987, while lifting a motor during the course of her employment, she suffered an injury by accident that ultimately resulted in disabilities to her back and knee. After hearing the evidence of the parties the Commission found and concluded in pertinent part that she did not suffer an injury by accident within the purview of the Act and had no reasonable excuse for not timely reporting it in any event. Plaintiff\u2019s argument that the Commission\u2019s findings are erroneous is unavailing. For under the circumstances involved whether plaintiff was injured by accident and had a reasonable excuse for not giving the employer timely notice were factual issues that depended entirely upon her credibility; the Commission found, as its prerogative as fact finder permitted, that plaintiffs testimony was not credible, and that determination is binding upon us. Torain v. Fordham Drug Co., Inc., 79 N.C. App. 572, 340 S.E.2d 111 (1986).\nAffirmed.\nJudges Parker and Greene concur.",
        "type": "majority",
        "author": "PHILLIPS, Judge."
      }
    ],
    "attorneys": [
      "Charles N. Stedman for plaintiff appellant.",
      "Maupin Taylor Ellis & Adams, P.A., by Richard M. Lewis and Jack S. Holmes, for defendant appellees."
    ],
    "corrections": "",
    "head_matter": "JOANNE ELLIOT, Plaintiff v. A. O. SMITH CORPORATION and EMPLOYERS INSURANCE OF WAUSAU, Defendants\nNo. 9010IC1062\n(Filed 16 July 1991)\nMaster and Servant \u00a7 96 (NCI3d) \u2014 injury by accident \u2014 timeliness of notice \u2014 Commission\u2019s findings binding\nThe Industrial Commission\u2019s finding in a workers\u2019 compensation action that plaintiff did not suffer an accident and had no reasonable excuse for not timely reporting it were binding because the determination of those issues depended upon plaintiff\u2019s credibility and the Commission, as finder of fact, found that plaintiff\u2019s testimony was not credible.\nAm Jur 2d, Workmen\u2019s Compensation \u00a7\u00a7 445, 630.\nAPPEAL by plaintiff from Opinion and Award filed 11 July 1990 by the North Carolina Industrial Commission. Heard in the Court of Appeals 16 April 1991.\nCharles N. Stedman for plaintiff appellant.\nMaupin Taylor Ellis & Adams, P.A., by Richard M. Lewis and Jack S. Holmes, for defendant appellees."
  },
  "file_name": "0523-01",
  "first_page_order": 553,
  "last_page_order": 554
}