A North Carolina man injured at work in both 2010 and again in 2014 while working at two different jobs is entitled to collect workers’ compensation from both, the North Carolina Court of Appeals has just ruled.
In Harris v. Southern Commercial Glass, the appellate panel affirmed the North Carolina Industrial Commission, which had ruled the worker’s second employer was liable to pay both workers’ compensation and disability benefits to the worker.
All sides had previously agreed plaintiff was seriously hurt at work in 2010, necessitating back injury and ultimately resulting in a maximum medical improvement rating of 15 percent disability. That’s the rating he walked into his second job with. However, he still managed to work full-time – sometimes as much as 70 hours weekly – and lift up to 75 pounds. Then in April 2014, all sides agree he experienced back pain after bending slightly while performing job duties. What the parties sharply disagreed about in this case was the legal significance of that second occurrence. Continue reading