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Reavis v. Carlyle & Co.12/6/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.
This case arises from an award and opinion of the North Carolina Industrial Commission awarding plaintiff temporary total disability compensation beginning 27 August 2001. We affirm.
The evidence presented to the Full Industrial Commission may be summarized as follows: In August 2001 plaintiff was employed by Carlyle & Co. Jewelers, Inc. as a sales associate. Before working for Carlyle & Co., plaintiff had worked as a retail associate for Belk's department stores, as a manager for a textile manufacturer, as a textile machine operator, and as a waitress. Plaintiff is a high school graduate. She has no professional certifications.
On 26 August 2001, armed gunmen entered the jewelry store where plaintiff was working, ordered everyone to the ground, shot the security guard, and smashed and looted the jewelry cases. According to plaintiff, the gunmen had not been caught. Plaintiff, although physically unharmed during the shootout, experienced severe emotional distress and did not return to work.
On 29 August 2001 plaintiff sought psychological treatment with Dr. Margaret Simpson, Ph.D. Dr. Simpson initially diagnosed plaintiff with acute stress reaction, and later with post-traumatic stress disorder. Dr. Simpson testified that plaintiff's acute stress reaction and post-traumatic stress disorder were the direct result of witnessing the armed robbery at work. In Dr. Simpson's opinion, plaintiff would not be able to work again in the retail industry due to her post-traumatic stress disorder and would be limited by her level of education in finding other employment. At the time of the initial hearing before the Deputy Commissioner, Dr. Simpson had been treating plaintiff for approximately one year. Deposition testimony of Dr. Verne Schmickley, Ph.D. was also introduced into evidence. Plaintiff had been referred to Dr. Schmickley for an independent psychological evaluation by defendants' attorney. Dr. Shmickley performed various standardized assessments on plaintiff to determine the validity and extent of her psychological disorder. Dr. Schmickley concluded that, at the time he saw her, plaintiff was not suffering from post-traumatic stress disorder. In Dr. Schmickley's opinion, plaintiff could return to retail employment with "some preparation or transition."
Plaintiff testified she had been out of work since 26 August 2001. She had neither attempted to return to work with Carlyle & Company, nor had she attempted to find other employment. Plaintiff testified she was unable to return to work in the retail industry due to her post-traumatic stress disorder, and that she would require retraining to find employment in a different field. Following the robbery at work, plaintiff testified she had been able to obtain a license as an underwater "dive master."
The Full Commission found, inter alia, the following:
1. At the time of the incident in question, Plaintiff had been a sales associate with Defendant-employer for three years. She also had a work history of retail sales, textile employment and working as a waitress. She graduated from high school but had not attended college.
2. On August 26, 2001 Plaintiff, a co-worker and security guard were at work for Defendant- employer when two men walked into the store. One approached the Rolex watches case and the other yelled, "Let's do it!" One of the assailants shot the security guard in the leg. Other
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