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Case Brief - Medlin v. Weaver Cooke Constr., LLC

2 Pages 494 Words February 2016

Claude Medlin, the plaintiff, had been an employee with Weaver Cooke Constructions from April 2006 to November 2008. During his employment, he worked for the company in two different positions; project manager and an estimator. Plaintiff injured his right shoulder in May 2008 while helping to move a large credenza, then deepened the injury later that day while moving a 50 pound box of files. During a company-wide layoff, the plaintiff Claude Medlin was selected due to“reduction of staff due to lack of work.” Before his release date Medlin started treatment for his shoulder injury, so he submitted an Industrial Commission form 60 to insure continued medical treatment for his injuries. In January 2009, Claude Medlin began to receive unemployment benefits from Weaver Cooke Construction; the next month, he began to receive temporary total disability payments as well. In February 2009, plaintiff Medlin underwent shoulder surgery and rehabilitation, which was finalized with maximum medical improvement and was released with no restrictions. A month later, Plaintiff was assigned permanent work restrictions preventing him from lifting weights greater than ten pounds, climbing ladders, or performing repetitive overhead activities by another orthopedic surgeon. Plaintiff Medlin argues, as a result of the work restrictions, he could not find suitable employment. Shortly thereafter, defendant Weaver Cooke Construction submitted an “Application to Terminate Payment of Compensation,” alleging that plaintiff Medlin could no longer prove he was legally disabled because his inability to find another position in the same capacity. The North Carolina Supreme Court considered defendants’ federal constitutional arguments under the Workers’ Compensation Act, a claimant seeking disability must establish that his inability to find work was caused by his his work-related injury. The court record showed the Plaintiff failed to do so, and confirmed...

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