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Brown v. N.C. Dep't of Correction10/18/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.
Paris A. Brown ("plaintiff") appeals the opinion and award of the Industrial Commission ("Commission") dated 29 July 2004. For the reasons stated herein, we affirm the opinion and award.
Plaintiff was employed by the North Carolina Department of Correction ("DOC") as a correctional officer at the Hoke County Correctional Institution. On 1 February 2000, plaintiff injured his hand while unlocking a cell door. Plaintiff was initiallytreated by Dr. Louis P. Clark ("Dr. Clark"), an orthopaedist with the Cape Fear Orthopaedic Clinic in Fayetteville. On 12 May 2000, Dr. Clark performed surgery on plaintiff to remove an arthritic spur in his right hand. On 12 December 2000, Dr. Clark assigned plaintiff a five percent (5%) permanent partial impairment of his right hand. Plaintiff filed for workers' compensation for the injury and, pursuant to a Form 21 Agreement approved by the Commission, plaintiff was paid ten weeks of benefits for the five percent (5%) permanent partial impairment on 1 March 2001.
Plaintiff continued to complain of pain, cramping, and discomfort in his right hand at the site of the surgery. On 5 April 2001, plaintiff requested a second opinion which was approved by defendants. Dr. Clark referred plaintiff to Dr. James H. Askins ("Dr. Askins"), an orthopaedist with the Fayetteville Orthopaedic Clinic. Dr. Askins examined plaintiff on 1 May 2001 and found no further surgery or change in treatment was indicated. Dr. Askins also concurred with Dr. Clark's assignment of a five percent (5%) permanent partial impairment in plaintiff's right hand.
Plaintiff continued to complain of pain in his right hand and requested an additional opinion and evaluation by Dr. Jon Kolkin ("Dr. Kolkin")of the Raleigh Hand Clinic. Dr. Kolkin is a board-certified orthopaedic surgeon with a certified sub-specialty in hand and upper extremity surgery. Dr. Kolkin had previously treated plaintiff for unrelated problems with his left hand in 1998. Defendants approved the request. Plaintiff saw Dr. Kolkin on 12 July 2001. Initially conservative treatment was prescribed,but when plaintiff's complaints did not respond to the treatment, Dr. Kolkin performed a second surgery on 26 September 2001 to fuse a joint in plaintiff's right hand.
Plaintiff returned to light duty work in December 2001 after undergoing physical therapy, and returned to full duty work sometime in late January 2002. Plaintiff filed a Form 28 with the Commission on 6 February 2002. Plaintiff was released to full duty work without restrictions by Dr. Kolkin on 28 March 2002, with a finding of twelve percent (12%) permanent partial impairment of plaintiff's right hand. Plaintiff continued to complain of swelling, pain, and discomfort in his wrist at that time. Plaintiff applied for payment of permanent partial disability for the additional seven percent (7%) disability on 28 May 2002. Plaintiff received fourteen weeks of benefits pursuant to a Form 26 Agreement, which was approved by the Commission on 28 May 2002.
Plaintiff returned to Dr. Kolkin on 29 April 2002 with continued complaints of pain, and requests for pain medication. Dr. Kolkin recommended plaintiff see his family physician for pain management, as there was no further need for orthopaedic care. Dr. Kolkin made no changes in his assessment of plaintiff's impairment or release to full duty work.
Plaintiff was examined by his family physician, Dr. Carolyn M. Sampson
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