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Moran v. Turnamics8/16/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 appeal from an Opinion and Award of the Industrial Commission awarding plaintiff medical and disability workers' compensation benefits. We affirm.
The factual background of this appeal is largely undisputed, and may be summarized as follows. Plaintiff (Terrance Moran) was38 years old at the time of the hearing before the deputy commissioner. He attended school through the ninth grade, and later obtained a GED. In 2000 he had been working for defendant (Turnamics, Inc.) for over 13 years. Plaintiff was employed as a machine operator, a position requiring the use of both hands to set up and run machines.
In May 2000 plaintiff experienced weakness in his right wrist, hand, and fingers, and an inability to extend the first, second, and third fingers of his right hand. His family physician referred him to a neurosurgeon, Dr. Seyed Emadian. At Dr. Emadian's recommendation, plaintiff underwent nerve conduction velocity testing with another physician, Dr. Daniel Garber. In Dr. Garber's opinion, plaintiff appeared to have posterior interosseous syndrome, which was "definitely work-related." Plaintiff was then referred to Dr. Christopher Lechner, an orthopaedic surgeon who diagnosed plaintiff as suffering from posterior interosseous palsy. When non-surgical treatment failed to bring plaintiff any relief, Dr. Lechner recommended surgery.
Plaintiff's first wrist surgery was performed by Dr. Lechner on 6 November 2000, and revealed that plaintiff suffered from compression of the posterior interosseous nerve, and from a second point of compression of the nerve under the supinator. When Dr. Lechner saw plaintiff in April 2001, he noted plaintiff's inability to extend his wrist, fingers, or thumb of his right hand, a condition known as "wrist drop." He diagnosed plaintiff with overuse syndrome of the right upper extremity with mild tendonitis, and increased plaintiff's weight restriction to ten pounds.
In May 2001 plaintiff's family physician prescribed medication to treat plaintiff's symptoms of depression and anxiety. On 23 May 2001 he was admitted to Copestone, the psychiatric unit of the Mission-St. Joseph's Health System. At Copestone, plaintiff began treatment with a psychiatrist, Dr. Stewart Hudson. Plaintiff spent 12 days as an inpatient at Copestone, then continued outpatient psychotherapy with a clinical social worker, Sarah Mimms. On 14 August 2001 plaintiff underwent a second wrist surgery, which provided some improvement in his physical condition. Plaintiff returned to his employment with defendant on 19 November 2001, and worked until 9 February 2002, when his employment was terminated.
On 4 March 2002, several weeks after plaintiff lost his job, he was readmitted to Copestone Hospital. On his release, plaintiff worked at another machine shop, Wright's Machine and Tool, for about six weeks; plaintiff lost this job when he was readmitted to Copestone in May 2002. He was released from the hospital in June 2002, and next worked for Day International from 5 August to 8 November 2002. However, plaintiff's wrist drop prevented him from performing up to his employer's standards; on 8 November 2002 he was told his work was not "up to par" and he was let go. Plaintiff then worked as a machine operator for Black Mountain Machine for several weeks, starting 18 November 2002. In January 2003 plaintiff was fired by Black Mountain, and was readmitted to Copestone. At the time of the hearin
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