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Bursell v. General Electric Co.8/2/2005
ated plaintiff with "supportive therapy and medicines such as antidepressants, sleeping pills, and atypical antipsychotics." Dr. Weinstein testified that plaintiff would need medication and support for the rest of his life and would not be able to maintain regular attendance in any employment. He opined that plaintiff's condition was caused by the circumstances surrounding plaintiff's firing at work. After two years of treatment, Dr. Weinstein placed plaintiff at maximum medical improvement and stated he was permanently and totally disabled from all types of employment. Dr. Weinstein noted that plaintiff was also possibly suffering from post-traumatic stress disorder.
The Commission found that " s a result of being accused ofstealing, fired and his treatment after he returned to work, plaintiff developed 'major depression with obsessions' and possibly post-traumatic stress disorder, which led to his incapacity to work . . . ." The Commission also found that "the sudden meeting and abrupt firing of plaintiff due to accusations of stealing were unexpected and not reasonably designed by plaintiff[.]" Nevertheless, the Commission found that plaintiff had failed to show that the events surrounding his alleged injury "were unusual workplace occurrences" so as to constitute an injury by accident. In its conclusions of law, the Commission compared the present case to the facts of Woody v. Thomasville Upholstery, Inc., 355 N.C. 483, 562 S.E.2d 422 (2002) and stated that " laintiff has arguably shown unfair treatment by his employer, which was unexpected, but the fact that the unfair treatment was unexpected does not make it an 'unusual' or 'unforeseen' condition of his employment, under the rationale of Woody." According to the Commission, plaintiff had thus "not shown evidence of either a compensable injury by accident or an occupational disease" and entered an opinion and award denying his claim. Plaintiff appeals. Defendants present several cross-assignments of error on appeal.
Plaintiff argues the Commission erred in concluding that he failed to show he sustained an injury by accident or anoccupational disease. By cross-assignments of error, defendants argue the Commission erred in several of its pertinent findings of fact. We hold the Commission's conclusions that plaintiff did not sustain an injury by accident either directly contradict or are unsupported by certain of its findings and that additional findings are required to resolve the question. We conclude, however, that the Commission properly concluded that plaintiff failed to show he suffered from an occupational disease. With regard to defendants' cross-assignments of error, we agree that certain of the Commission's findings are unsupported by the evidence, but such errors do not offer an alternative basis for affirming the Commission's opinion and award. In sum, we affirm in part, reverse in part, and remand the opinion and award to the Commission.
I. Plaintiff's Appeal
Plaintiff argues the Commission erred by concluding he failed to show he sustained an injury by accident or an occupational disease. This Court reviews an opinion and award of the Industrial Commission to determine whether there is competent evidence in the record to support the Commission's findings of fact and whether these findings support the Commission's conclusions of law. Pitillo v. N.C. Dep't of Envtl. Health & Natural Res., 151 N.C. App. 641, 644, 566 S.E.2d 807, 810 (2002). Although plaintiff originally assigned error to several of the Commission's findingsas unsupported by the evidence, his brief on appeal contains only arguments pertaining to the Commission's conclusions of law. Thus, plaintiff's assignments of error to the Commission'
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