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Goff v. Foster Forbes Glass Division9/19/2000
Appeal by defendants from opinion and award for the Full Commission filed 25 August 1998 and from the amended opinion and award for the Full Commission filed 5 March 1999. Heard in the Court of Appeals 14 August 2000.
Foster Forbes Glass Division and Gallagher Bassett Services, Inc. (collectively "defendants") appeal from an amended opinion and award of the North Carolina Industrial Commission ("Commission") awarding David Goff ("plaintiff") workers' compensation benefits for his tinnitus, headaches, and depression. Because we conclude that the Commission denied defendants their right to examine Dr. Whitt, upon whose additional report the Commission based its decision, we reverse in part, and remand the case to the Industrial Commission.
Plaintiff began working for defendant in January 1979. At the time of the work-related injury, plaintiff worked as a cold end shift supervisor, and had been so employed for six years. As a shift supervisor, plaintiff was responsible for the equipment on each of six lines, inspecting all production, and supervising the forty employees who run the six production lines. Plaintiff's work area was very noisy and busy at all times.
On 17 May 1995, an automatic palletizer machine experienced problems. Plaintiff climbed the stairs on top of the machine about twenty feet off the ground, lay down on top of the plate and hung his head and shoulders off to reach down. As he did this, he received an electrical shock. He became stunned and "probably lost consciousness." Subsequently he reported to the nurse's office. He remembered having "black vision" and a lack of balance. On 11 July 1995, plaintiff was seen by his family physician for headaches. The family physician referred plaintiff to a psychiatrist for depression. On 12 July 1995, Dr. Whitt, a psychiatrist, saw plaintiff, diagnosed him with depression, and prescribed various medications for him. On 28 July 1995, plaintiff was "written out of work" by Dr. Whitt. Plaintiff remained out of work until 30 September 1995, when Dr. Whitt released him for work. Plaintiff began to receive short-term disability benefits, for his depression, on 27 July 1995 and continued to receive them until he returned to work on 30 September 1995.
Plaintiff continued to experience headaches though August 1995 and was referred to a neurologist, who diagnosed plaintiff with headache syndrome and tinnitus of the left ear. Tinnitus is characterized by continuous ringing in the ears. Still complaining of the headaches and ringing in his ears, plaintiff was further referred to an otorhinolaryngologist. By 22 November 1995, plaintiff could no longer perform his duties because of the increased headaches and tinnitus. At that time plaintiff began again to receive short-term disability payments and continued to receive them until 8 April 1996, when he began receiving long-term disability.
On 29 January 1998, Deputy Commissioner Taylor filed an opinion and award, determining that plaintiff's depression was not the result of a work related injury, and awarding plaintiff temporary partial disability compensation at a rate of $476.81 per week.
Defendants filed a notice of appeal to the Full Commission on 13 February 1998. The Full Commission filed its opinion and award 25 August 1998, refusing to alter the Deputy Commissioner's opinion and award except for the findings regarding plaintiff's depression. The Full Commission ordered that additional medical evidence was required before a final determination on that issue could be made. The Commission gave the parties sixty days to obtain additional psychological and neurological evaluations of the plaintiff and to submit those records directly to the Com
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