Some work-related injuries are obvious: There is bruising, a laceration, bleeding or a fracture clearly visible on an X-ray. Other injuries may not be easily seen or verified. That does not necessarily mean one cannot receive workers’ compensation for them, but they are tougher to prove. Prior injuries too can prove challenging when trying to establish that the ailment in question is causally related to work.
The recent case of Yarborough v. Duke University before the North Carolina Court of Appeals involves a claim filed by a hospital cafeteria worker who claimed to have suffered a shoulder injury after being struck by a swinging door while returning from delivering patient meals.
The issue in this case was not whether plaintiff was acting in the course and scope of her employment at the time of her alleged injury. Rather, defendant employer disputed that an accident had occurred at all, and the full commission concluded she hadn’t suffered an injury by accident. This case came down to a he-said-she-said matter of credibility. Continue reading