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Renfro v. Richardson Sports Ltd. Partners8/2/2005
Dusty Renfro ("plaintiff") and Richardson Sports Limited Partners ("defendant") present cross-appeals from the Opinion and Award of the North Carolina Industrial Commission awarding plaintiff workers' compensation benefits. Defendant presents the following issues for our consideration: Whether the Commission erroneously (I) found that plaintiff sustained a compensable injuryby accident arising out of and in the course and scope of his employment on 7 August 2001; (II) determined plaintiff's average weekly wage; (III) awarded plaintiff 300 weeks of benefits pursuant to N.C. Gen. Stat. ยง 97-30; and (IV) allowed hearsay testimony into evidence. In the cross-appeal, plaintiff contends the Commission erroneously determined defendant was entitled to a dollar-for-dollar credit. After careful review, we affirm the Commission's Opinion and Award.
The evidence tends to show that plaintiff suffered a wrist injury during a 7 August 2001 pre-season practice with the Carolina Panthers. Prior to this injury, plaintiff played football at the University of Texas as a middle linebacker and backup deep snapper from 1995-1998. After graduating in 1999, plaintiff signed as a free agent with the Buffalo Bills, attended the Buffalo Bills training camp, and played in three pre-season football games. After the third pre-season game, plaintiff was released from the Buffalo Bills and did not become a member of that team's 1999 active roster. Plaintiff did not play professional football for any NFL team during the 1999 season. The following spring, plaintiff was drafted by the Rhine Fire, an NFL Europe team located in Dusseldorf, Germany. Plaintiff played as a middle linebacker and deep snapper for the Rhine Fire from March through July 2000. During the 2000 NFL season, plaintiff did not play for any NFL teams. However, plaintiff did sign a contract with the Las Vegas Outlaws, an XFL team, but did not make the Outlaws' active roster for the 2000 season. The next winter, plaintiff signed a one-yearcontract with the Carolina Panthers in late January or early February 2001. The Carolina Panthers sent plaintiff to Glascoe, Scotland to play for the Scottish Claymores, an NFL Europe football team. After playing in NFL Europe from March to July 2001, plaintiff reported to the Carolina Panthers's training camp in late July 2001.
During the Carolina Panthers's training camp, plaintiff practiced with the linebackers. Before and after practice, plaintiff would demonstrate and practice his deep snapping technique with the other long snappers and special teams coaches. During practice on 7 August 2001, plaintiff injured his left wrist while blocking an offensive lineman. Plaintiff indicated that after initiating his blocking technique in the normal fashion, his left wrist was forced into an awkward position. Whereas players typically utilize an upward motion to block the other player, plaintiff's left hand and wrist was forced into a downward motion. Plaintiff immediately felt pain in his left wrist and sought treatment with the trainers.
Dr. Patrick Connor ("Dr. Connor"), the Panthers's team physician, initially believed plaintiff's wrist was possibly broken after reviewing plaintiff's x-ray. After reviewing an MRI, Dr. Connor opined plaintiff's wrist was sprained, and not fractured. A spica cast was placed on plaintiff's left hand and wrist. Plaintiff continued to practice and participated in the four pre-season games. Plaintiff's wrist continued to hurt and on 28 August 2001, plaintiff obtained a second opinion with Dr. Steven Sanford("Dr. Sanford") in Charlotte, North Carolina. Dr. Sanford opined plaintiff's left wrist was fractured. A few days later on 2 September 2001, the Carolina Panthers notified plaintiff that he
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