{ "id": 9000555, "name": "PHYLLIS MOODY, Administratrix of the Estate of OSCAR JENKINS MOODY, Deceased Employee, Plaintiff-Appellee v. MECKLENBURG COUNTY, Employer, SELF-INSURED, Defendant-Appellant", "name_abbreviation": "Moody v. Mecklenburg County", "decision_date": "2004-08-17", "docket_number": "No. COA03-459", "first_page": "869", "last_page": "875", "citations": [ { "type": "official", "cite": "165 N.C. App. 869" } ], "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": "233 S.E.2d 529", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1977, "pin_cites": [ { "page": "531" } ], "opinion_index": 0 }, { "cite": "292 N.C. 399", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8569857 ], "year": 1977, "pin_cites": [ { "page": "402" } ], "opinion_index": 0, "case_paths": [ "/nc/292/0399-01" ] }, { "cite": "509 S.E.2d 411", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1998, "pin_cites": [ { "page": "414", "parenthetical": "quoting Gallimore v. Marilyn's Shoes, 292 N.C. 399, 402, 233 S.E.2d 529, 531 (1977)" } ], "opinion_index": 0 }, { "cite": "349 N.C. 676", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 571666 ], "year": 1998, "pin_cites": [ { "page": "681", "parenthetical": "quoting Gallimore v. Marilyn's Shoes, 292 N.C. 399, 402, 233 S.E.2d 529, 531 (1977)" } ], "opinion_index": 0, "case_paths": [ "/nc/349/0676-01" ] }, { "cite": "586 S.E.2d 99", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2003, "opinion_index": 0 }, { "cite": "357 N.C. 461", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 491489, 491617, 491528, 491820, 491822, 491408, 491795, 491576, 491450 ], "year": 2003, "opinion_index": 0, "case_paths": [ "/nc/357/0461-09", "/nc/357/0461-05", "/nc/357/0461-07", "/nc/357/0461-03", "/nc/357/0461-01", "/nc/357/0461-08", "/nc/357/0461-06", "/nc/357/0461-04", "/nc/357/0461-02" ] }, { "cite": "580 S.E.2d 743", "category": "reporters:state_regional", "reporter": "S.E.2d", "pin_cites": [ { "page": "747" } ], "opinion_index": 0 }, { "cite": "158 N.C. App. 244", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9186909 ], "pin_cites": [ { "page": "248" } ], "opinion_index": 0, "case_paths": [ "/nc-app/158/0244-01" ] }, { "cite": "532 S.E.2d 207", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "page": "213" } ], "opinion_index": 0 }, { "cite": "138 N.C. App. 593", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11080920 ], "year": 2000, "pin_cites": [ { "page": "602" } ], "opinion_index": 0, "case_paths": [ "/nc-app/138/0593-01" ] }, { "cite": "290 S.E.2d 682", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1982, "pin_cites": [ { "page": "684" } ], "opinion_index": 0 }, { "cite": "305 N.C. 593", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8572767 ], "weight": 2, "year": 1982, "pin_cites": [ { "page": "596" } ], "opinion_index": 0, "case_paths": [ "/nc/305/0593-01" ] }, { "cite": "335 S.E.2d 327", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1985, "pin_cites": [ { "page": "333" } ], "opinion_index": 0 }, { "cite": "77 N.C. App. 241", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8521718 ], "weight": 2, "year": 1985, "pin_cites": [ { "page": "249" } ], "opinion_index": 0, "case_paths": [ "/nc-app/77/0241-01" ] }, { "cite": "364 S.E.2d 147", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1988, "pin_cites": [ { "page": "149" } ], "opinion_index": 0 }, { "cite": "88 N.C. App. 587", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8358653 ], "year": 1988, "pin_cites": [ { "page": "589" } ], "opinion_index": 0, "case_paths": [ "/nc-app/88/0587-01" ] }, { "cite": "544 S.E.2d 781", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "parenthetical": "citations omitted" } ], "opinion_index": 0 }, { "cite": "352 N.C. 589", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 684941, 684976, 684979, 685050, 684924 ], "year": 2000, "pin_cites": [ { "parenthetical": "citations omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/352/0589-02", "/nc/352/0589-05", "/nc/352/0589-04", "/nc/352/0589-01", "/nc/352/0589-03" ] }, { "cite": "525 S.E.2d 203", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "page": "205", "parenthetical": "citations omitted" } ], "opinion_index": 0 }, { "cite": "136 N.C. App. 473", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11240508 ], "weight": 2, "year": 2000, "pin_cites": [ { "page": "476", "parenthetical": "citations omitted" }, { "page": "476" } ], "opinion_index": 0, "case_paths": [ "/nc-app/136/0473-01" ] }, { "cite": "530 S.E.2d 549", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 2000, "pin_cites": [ { "page": "553" }, { "page": "553" }, { "page": "553", "parenthetical": "2000" } ], "opinion_index": 0 }, { "cite": "352 N.C. 109", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 684964 ], "weight": 3, "year": 2000, "pin_cites": [ { "page": "116" }, { "page": "116-17" }, { "page": "116" } ], "opinion_index": 0, "case_paths": [ "/nc/352/0109-01" ] } ], "analysis": { "cardinality": 618, "char_count": 13429, "ocr_confidence": 0.743, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.2132500775141717 }, "sha256": "7f5f85208e43e0ef0da5a727e252ab4870578536d3c9f7d690c00dc38a5a1c19", "simhash": "1:e86bcdcb21dda355", "word_count": 2074 }, "last_updated": "2023-07-14T17:46:04.930387+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges WYNN and TYSON concur." ], "parties": [ "PHYLLIS MOODY, Administratrix of the Estate of OSCAR JENKINS MOODY, Deceased Employee, Plaintiff-Appellee v. MECKLENBURG COUNTY, Employer, SELF-INSURED, Defendant-Appellant" ], "opinions": [ { "text": "McGEE, Judge.\nMecklenburg County (employer) appeals from an opinion and award of the North Carolina Industrial Commission (the Commission) entered 20 December 2002 finding that Oscar Jenkins Moody (Moody) suffered a compensable injury by accident while working for employer.\nThe evidence before the Commission tended to show that Moody was a deputy sheriff employed as a trustee coordinator with the Mecklenburg County Sheriff\u2019s Department. Moody was involved in an automobile collision on 15 August 1994 as he was driving \u201cdowntown to headquarters.\u201d Moody\u2019s vehicle hydroplaned and was hit by an oncoming truck. Moody testified that the accident resulted in injuries to his left knee, right shoulder, back, neck, and head.\nEmployer paid Moody temporary total disability compensation from the date of the accident until October 1999. A deputy commissioner entered an opinion and award on 24 September 1999 terminating temporary total disability benefits for Moody retroactive to 13 April 1996. The Commission reversed the deputy commissioner\u2019s award and ordered that employer pay additional workers\u2019 compensation benefits, including (1) payment for \u201creasonable and necessary medical and psychological treatment\u201d because of the injury by accident, (2) payment for weekly benefits from the date of injury until death, and (3) payment for permanent injuries. Employer appeals. We note that due to Moody\u2019s death prior to entry of the Commission\u2019s opinion and award, Phyllis Moody, Administratrix of Moody\u2019s estate (Administratrix), was substituted for Moody.\nEmployer\u2019s first argument is two-fold: (1) that the Commission erred in failing to make any findings regarding Moody\u2019s credibility and/or (2) that the Commission erred in failing to make any findings regarding Moody\u2019s medical care providers\u2019 reliance on Moody\u2019s credibility in rendering their opinions.\nRegarding the first prong of the argument, employer asserts that Moody\u2019s credibility was \u201cclearly the key issue in this case\u201d and therefore, the Commission should have addressed Moody\u2019s credibility. We note at the outset that employer does not attack Moody\u2019s credibility based on the testimony he provided as a witness at the hearing. Rather, employer attacks Moody\u2019s credibility with respect to the conflicting information Moody provided throughout his treatment. Employer argues that Moody provided \u201cmisinformation to his physicians in an apparent attempt to exaggerate the extent of his disability.\u201d Specifically, employer notes that the emergency room report after the accident conflicts with how Moody later described the accident and injuries. Thus, employer asserts that the Commission should have made a finding regarding Moody\u2019s credibility.\nIt is well settled that the Commission is \u201cthe sole judge of the weight and credibility of the evidence^]\u201d Deese v. Champion Int\u2019l Corp., 352 N.C. 109, 116, 530 S.E.2d 549, 553 (2000). In addition, \u201c[t]he Commission is not required ... to find facts as to all credible evidence. That requirement would place an unreasonable burden on the Commission. Instead, the Commission must find those facts which are necessary to support its conclusions of law.\u201d London v. Snak Time Catering, Inc., 136 N.C. App. 473, 476, 525 S.E.2d 203, 205, cert. denied, 352 N.C. 589, 544 S.E.2d 781 (2000) (citations omitted).\nIn this case, the Commission made multiple findings regarding the accident and Moody\u2019s subsequent course of medical treatment. Employer is correct in its assertion that the Commission did not make a specific finding of fact to address Moody\u2019s credibility. However, as stated above, the Commission is not required to make findings regarding all of the evidence before it. \u201cIt is the exclusive province of the Industrial Commission to weigh and evaluate the evidence before it and find the facts.\u201d Lucas v. Thomas Built Buses, 88 N.C. App. 587, 589, 364 S.E.2d 147, 149 (1988).\nHere, it appears that the Commission properly weighed the evidence before it and found those facts which were necessary to support its conclusions. More specifically, it is evident that the Commission examined the various statements Moody made to the emergency room doctors because the Commission found as a fact that Moody \u201cgave inconsistent accounts about his possible loss of consciousness after the 15 August 1994 accident.\u201d This finding implies that the Commission did evaluate the statements Moody made to his medical care providers. Although the Commission did not make an explicit finding regarding Moody\u2019s credibility, such a finding was not required.\nEmployer cites two cases in arguing that reversal is warranted when the Commission fails to make \u201cspecific findings of fact as to the crucial questions necessary to support the Industrial Commission decision[.]\u201d We note that the cases cited by employer, Grant v. Burlington Industries, Inc., 77 N.C. App. 241, 335 S.E.2d 327 (1985) and Hilliard v. Apex Cabinet Co., 305 N.C. 593, 290 S.E.2d 682 (1982), for the proposition that findings of fact are required, do not deal with the Commission\u2019s failure to make findings regarding credibility. In Grant, our Court found that \u201cthe factual findings in this case are insufficient to determine the rights of the parties on the issue of disability.\u201d Grant, 77 N.C. App. at 249, 335 S.E.2d at 333. Similarly, in Hilliard, our Supreme Court held that the Commission \u201cfailed to make specific findings of fact as to the crucial questions necessary to support a conclusion as to whether plaintiff had suffered any disability as defined by G.S. 97-2(9).\u201d Hilliard, 305 N.C. at 596, 290 S.E.2d at 684. Accordingly, this argument is without merit.\nUnder the second prong of employer\u2019s first argument, employer argues that the opinion of Dr. Patricia L. Gross (Dr. Gross) was based in large part on Moody\u2019s credibility. Accordingly, employer argues that the Commission \u201cshould have made a finding on [Moody\u2019s] credibility before accepting Dr. Gross\u2019 testimony or rejected that testimony entirely.\u201d For the reasons stated below, we disagree.\nAs explained above, the Commission is not required to make findings on all credible evidence. See London, 136 N.C. App. at 476, 526 S.E.2d at 205. See also Peagler v. Tyson Foods, Inc., 138 N.C. App. 593, 602, 532 S.E.2d 207, 213 (2000). Further, we note that\n[t]his Court in Adams made it clear that the Commission does not have to explain its findings of fact by attempting to distinguish which evidence or witnesses it finds credible. Requiring the Commission to explain its credibility determinations and allowing the Court of Appeals to review the Commission\u2019s explanation of those credibility determinations would be inconsistent with our legal system\u2019s tradition of not requiring the fact finder to explain why he or she believes one witness over another or believes one piece of evidence is more credible than another.\nDeese, 352 N.C. at 116-17, 530 S.E.2d at 553.\nIn finding of fact number fourteen, the Commission \u201caccepted] the diagnoses and causation analysis of Dr. Gross and rejected] those of Dr. Gualtieri.\u201d Dr. Gross is a neuropsychologist who testified in a deposition that Moody suffered a \u201cconcussion with brief loss of consciousness that led to a mild frontal lobe syndrome.\u201d She testified that this injury resulted in permanent brain damage with cognitive and personality effects. As stated above, the Commission is not required to elaborate on why it believes one witness or piece of evidence over another. Employer\u2019s argument that the Commission should have made a finding about Moody\u2019s credibility prior to accepting Dr. Gross\u2019 testimony is essentially an argument that the Commission needs to justify or explain why it found Dr. Gross credible. Under Deese, such ah explanation is not required. Accordingly, this argument is without merit.\nEmployer next argues in multiple assignments of error that the Commission erred in finding that Moody sustained a concussion or brain injury in the accident which caused anxiety disorders and depression and prevented Moody\u2019s employment. The challenged findings of fact include the following:\n3. Decedent sustained a concussion in the accident. A concussion can occur by the shaking of the brain without a direct impact to the head.\n4. . . . Decedent gave inconsistent accounts about his possible loss of consciousness after the 15 August 1994 accident. Confusion is a common symptom in cases of concussion.\n18. The accident of 15 August 1994 caused decedent to suffer a brain injury, which, in turn, caused anxiety disorders and depression that prevented decedent from working beginning immediately after the 15 August 1994 accident and continuing.\nIn addition, employer challenges the following conclusions of law:\n2. As a result of the injury by accident of 15 August 1994, decedent developed physical injuries, anxiety disorders, and depression. Defendant is responsible for such reasonable and necessary medical treatment, psychological treatment, and counseling rendered....\n3. Due to the psychological conditions suffered by decedent following the 15 August 1994 injury by accident, decedent was unable [to] earn wages in any employment from 15 August 1994 and continuing until his death.\n\u201cWhen reviewing an Industrial Commission decision, our Court is \u2018limited to reviewing whether any competent evidence supports the Commission\u2019s findings of fact and whether the findings of fact support the Commission\u2019s conclusions of law.\u2019 \u201d Smith v. First Choice Servs., 158 N.C. App. 244, 248, 580 S.E.2d 743, 747 (quoting Deese, 352 N.C. at 116, 530 S.E.2d at 553 (2000)), disc. review denied, 357 N.C. 461, 586 S.E.2d 99 (2003). \u201c \u2018The findings of fact by the Industrial Commission are conclusive on appeal if supported by any competent evidence.\u2019 \u201d Adams v. AVX Corp., 349 N.C. 676, 681, 509 S.E.2d 411, 414 (1998) (quoting Gallimore v. Marilyn\u2019s Shoes, 292 N.C. 399, 402, 233 S.E.2d 529, 531 (1977)).\nFindings of fact numbers three and four which state that Moody suffered a concussion are supported by Dr. Gross\u2019 deposition testimony. Dr. Gross stated that Moody suffered \u201ca concussion with brief loss of consciousness!-]\u201d In addition, Dr. Gross recorded Moody\u2019s diagnosis in her neuropsychological evaluation as \u201c[c]oncussion with brief loss of consciousness (less than 1 hour).\u201d Further, in this case, employer\u2019s Form 19 states that as a result of a motor vehicle accident, Moody \u201csuffered concussion, [left] knee injury, [right] back bruise and other multiple injuries.\u201d\nFinding number eighteen is also supported by Dr. Gross\u2019 testimony. She stated in her deposition testimony that as a result of the 15 August 1994 accident, Moody suffered \u201ca mild brain injury with post-concussive syndrome.\u201d She further stated that this injury would affect Moody permanently. In addition, Dr. Gross stated that according to a report of Moody\u2019s wife, after the accident, Moody \u201cwas more reclusive, refused to do things that he used to do socially, whereas he used to be very outgoing, family oriented.\u201d She further testified that the brain injury exacerbated Moody\u2019s personality disorder and caused behavioral and emotional effects. As a result, Dr. Gross testified that Moody\u2019s brain injury would \u201c[absolutely\u201d prevent his return to work as a deputy. Similarly, Dr. Edward C. Holscher testified in his deposition that \u201cprobably 80 to 90 percent\u201d of Moody\u2019s inability to work because of psychiatric problems was due to the 15 August 1994 accident.\nLastly, both of the disputed conclusions of law are supported by the findings of fact. Specifically, finding number eighteen supports these conclusions of law. Accordingly, this argument is without merit.\nAffirmed.\nJudges WYNN and TYSON concur.", "type": "majority", "author": "McGEE, Judge." } ], "attorneys": [ "Cox, Gage & Sasser, by Margaret B. DeVries, for plaintiff-appellee.", "Jones, Hewson & Woolard, by Lawrence J. Goldman, for defendant-appellant." ], "corrections": "", "head_matter": "PHYLLIS MOODY, Administratrix of the Estate of OSCAR JENKINS MOODY, Deceased Employee, Plaintiff-Appellee v. MECKLENBURG COUNTY, Employer, SELF-INSURED, Defendant-Appellant\nNo. COA03-459\n(Filed 17 August 2004)\n1. Workers\u2019 Compensation\u2014 findings \u2014 credibility of decedent during medical treatment \u2014 findings not required on all evidence\nThe Industrial Commission did not err in a workers\u2019 compensation case by not addressing the credibility of the decedent in the statements he made during medical treatment. The Commission properly weighed the evidence before it and found those facts necessary to support its conclusions. The Commission is not required to make findings about all of the evidence before it.\n2. Workers\u2019 Compensation\u2014 findings \u2014 acceptance of doctor\u2019s testimony \u2014 findings on reasons not required\nThe Industrial Commission did not err in a workers\u2019 compensation case by accepting the opinion of a doctor without making a finding on decedent\u2019s credibility. The Commission is not required to elaborate on why it believes one witness or piece of evidence over another.\n3. Workers\u2019 Compensation\u2014 findings \u2014 injury and causation\u2014 supported by evidence\nThe Industrial Commission did not err in a workers\u2019 compensation case by finding that the decedent sustained a concussion or brain injury that caused anxiety disorders and depression and prevented employment. The findings were supported by the evidence, and the conclusions by the findings.\nAppeal by defendant from opinion and award entered 20 December 2002 by the North Carolina Industrial Commission. Heard in the Court of Appeals 24 February 2004.\nCox, Gage & Sasser, by Margaret B. DeVries, for plaintiff-appellee.\nJones, Hewson & Woolard, by Lawrence J. Goldman, for defendant-appellant." }, "file_name": "0869-01", "first_page_order": 901, "last_page_order": 907 }