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Munford v. Neuse Senior Housing10/4/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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.
Carolyn M. Munford (plaintiff) began working for Neuse Senior Housing, Inc. on 8 August 2000. Plaintiff was employed as head cook and was responsible for preparing breakfast and lunch for approximately sixty senior residents. Plaintiff's job duties required lifting heavy industrial pots and pans and bags of food, such as fifty-pound bags of potatoes. Plaintiff, a fifty-seven- year-old widow with a ninth grade education, weighed approximately 304 pounds and had a history of hypertension and hypothyroidism atthe time of plaintiff's hearing before the North Carolina Industrial Commission (the Commission).
Plaintiff slipped and fell on a wet floor in the dining room of the nursing home on 2 August 2001. Plaintiff testified that she fell so hard " thought cracked every bone in body." An ambulance transported plaintiff to Craven Regional Medical Center, where she was treated for low back pain and right foot pain. Plaintiff's lumbar spine and her right foot were x- rayed. Plaintiff was out of work for two days. Neuse Senior Housing, Inc. and AIG Insurance (collectively defendants) paid plaintiff's medical bills from her fall.
Belinda M. Dillahunt (Ms. Dillahunt) was plaintiff's supervisor and the administrator of Neuse Senior Housing, Inc. Ms. Dillahunt testified that she knew about plaintiff's fall as soon as it occurred. Ms. Dillahunt completed an Industrial Commission Form 19 on 2 August 2001, reporting plaintiff's fall and an injury to plaintiff's hip, and filed the form with the Commission the following day. Plaintiff completed an Industrial Commission Form 18 on 10 April 2002, reporting injury to her hips, back, shoulders, and both arms, and filed the form with the Commission on 12 April 2002.
Plaintiff testified that on or about 1 November 2001, she fell at work a second time. According to the testimony of plaintiff and plaintiff's co-worker, Ryan Horton (Ms. Horton), plaintiff slipped in water on the kitchen floor and fell as she walked from her serving station to a refrigerator. Plaintiff testified that shefell forward and caught herself with her hands. Ms. Horton testified that plaintiff fell, and then pulled herself up by grabbing hold of a nearby steam table. Plaintiff testified that she reported her fall to Ms. Dillahunt. Ms. Dillahunt testified that it was "possible" that plaintiff had reported the accident to her, though Ms. Dillahunt denied any recollection of the event. Following the November fall, plaintiff saw Dr. Mark Larnick (Dr. Larnick), her primary physician, on 16 January 2002. Plaintiff complained of pain in her left shoulder. Dr. Larnick treated plaintiff with anti-inflammatory drugs. Plaintiff's shoulder did not improve, and Dr. Larnick ordered an MRI of plaintiff's left shoulder and cervical spine on 4 February 2002. The MRI revealed a rotator cuff tear, and Dr. Larnick referred plaintiff to an orthopedic surgeon, Dr. Ray Armistead (Dr. Armistead). Dr. Armistead performed surgery on plaintiff's left rotator cuff on 13 February 2002. After receiving various medicines, injections, and physical therapy, plaintiff again underwent surgery on her left shoulder in July 2002, for a second repair to her rotator cuff and for the removal of a bone fragment. Dr. Armistead testified that plaintiff could not return to her job as head cook due to the heavy lifting required.
Plaintiff completed a Form 18 on 5 February 2003, reporting injury to her left arm and shoulder from her November 2
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