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Phillips v. Hertz Corp.10/18/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.
Defendants Hertz Corporation and Cambridge Integrated Services Group, Inc. appeal from the Industrial Commission's opinion and award granting plaintiff John Phillips temporary total disability benefits. Because we hold that the Full Commission's conclusion of law that Phillips is entitled to temporary total disability payments dating from his accident on 8 June 2000 is not supported by sufficient findings of fact, we reverse and remand to the Full Commission for further findings.Facts
Phillips became employed with Hertz in December 1999 as a lot shuttler/coordinator. He was responsible for inspecting all cars to make sure they were clean, in the correct space, and that the mileage was correct. He also retrieved and parked cars and filled cars with gas. Because the car lot was approximately the size of six football fields, Phillips' job required a significant amount of walking.
On 8 June 2000, Phillips sustained an admittedly compensable injury. As he was exiting a car in the Hertz lot, he stepped into a hole and twisted his right knee. Beginning on 28 June 2000, Phillips was treated conservatively by First Family Physicians. When he did not improve, he was referred to Dr. William L. Griffin at Charlotte Orthopaedic Specialists. Phillips first saw Dr. Griffin on 10 July 2000 and was diagnosed as suffering osteoarthritis of the right knee as aggravated by a work-related injury. Dr. Griffin also treated Phillips conservatively and released him to return to work with the following restrictions: no lifting over 10 pounds, sedentary work, and no standing or walking exceeding 15 minutes per hour.
Following Phillips' visit with Dr. Griffin, Hertz placed him in a light duty clerical position that was within his restrictions. In this position, Phillips helped existing office employees with paperwork, lost and found, and other clerical tasks. The Commission found that (1) " his modified light duty job was tailored by the defendant-employer to compensate for plaintiff'sphysical restrictions," and (2) " his job is not a reflection of plaintiff's wage-earning capacity."
Phillips' knee condition failed to improve. On 25 August 2000, Dr. Griffin recommended arthroscopy in order to obtain a better idea as to what was leading to Phillips' pain. He estimated that Phillips might expect a 50% success rate in relieving the pain for approximately two years. When the defendant-carrier did not approve the surgery, Dr. Griffin continued Phillips' work restrictions.
In early October 2000, Hertz placed Phillips in another modified light duty position: Mobile III driver. In this job, Phillips drove a shuttle that picked up and dropped off Hertz employees. Phillips continued in this position through the termination of his employment by Hertz in September 2001.
At an 11 November 2000 visit, Dr. Griffin again continued Phillips' work restrictions. From 11 November 2000 until 10 May 2002, defendants did not authorize Phillips to return to Dr. Griffin for treatment. Phillips, however, sought treatment from Dr. Taub, another orthopedist, in April 2001, and Dr. Oweida in September 2001.
On approximately 12 September 2001, Phillips' employment with Hertz was terminated related to the decrease in business following the terrorist bombings on 11 September 2001. After 12 September 2001, Phillips did not return to work for Hertz or any other employer, although he did some free-lance interior desi
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