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Wingfield v. North Carolina Central University9/7/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
On 5 August 1999, plaintiff-employee William E. Wingfield, Sr., filed an Industrial Commission Form 18 alleging that he was suffering from major depression, post-traumatic stress disorder, and anxiety disorder due to his employment as a history professor at defendant-employer North Carolina Central University (NCCU). On27 October 1999, defendant-employer filed a Form 61 denying liability, and on 29 November 1999, plaintiff filed a Form 33 Request for Hearing.
Deputy Commissioner W. Bain Jones, Jr., heard the matter on 14 September 2000. Deputy Commissioner Jones filed an Opinion and Award on 28 February 2001, in which he ruled that plaintiff developed the occupational diseases of major depression with post-traumatic stress disorder and anxiety disorder due to causes and characteristics of and peculiar to his employment at NCCU.
Defendant-employer appealed to the Full Commission, and on 28 April 2003, the Full Commission entered an Opinion and Award reversing Deputy Commissioner Jones' ruling, thus denying plaintiff's workers' compensation claim. Plaintiff appeals.
Below is a summary of some of the facts found by the Full Commission. At the time of the hearing, plaintiff was fifty-eight years old. He earned his bachelor of science degree from the University of Memphis in 1965, and worked as a social worker for several years before earning his masters degree in history from that same university. Plaintiff subsequently obtained his doctorate degree in history from Duke University in 1987, after which he taught on a contractual basis at several area schools, including Durham Tech, Elon College, and Alamance Community College.
In 1993, plaintiff was offered and accepted a temporary, part-time position in the History Department at NCCU. The plaintiff was eventually offered, and accepted, a full-time contract positionthere. Plaintiff was the only Caucasian member of the History Department.
During plaintiff's second year, he was assigned to supervise two honor societies. While doing so, he discovered and reported what he deemed financial abuses by the previous faculty advisor. In the Spring semester of that year, History Chairperson Dr. Sylvia Jacobs assigned plaintiff to take over teaching responsibilities of a set of classes previously assigned to another professor. Plaintiff perceived that the other professors resented him for taking over these classes.
Despite plaintiff's difficulties, he was offered and accepted a full-time permanent position in the Fall of 1996. Plaintiff claims that after attaining that position, other faculty members continually harassed him, and also claims that he was not made aware of faculty meetings, that he was given improper equipment, and that he was deprived of normal telephone access.
In January 1998, plaintiff was offered and accepted a tenure track position with defendant-employer. A short time later, the tenure committee voted not to reappoint plaintiff. Plaintiff appealed that decision to the University Chancellor, who overturned the decision and reappointed Plaintiff to the tenure track position. In the Fall of 1998, the tenure committee again denied plaintiff reappointment. Plaintiff's appeal of this decision was unsuccessful.
In December 1998, plaintiff had surgery on his carotid artery, and returned to work at NCCU in January of 1999. In April 1999,plaintiff resigned from his position with defendant-employ
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