McGhee v. Bank of America Corp.

Outcome

Excerpt

1. Workers' Compensation — timeliness of claim — last medical payment — foreign jurisdiction A workers' compensation claim was timely filed because it was within two years of the last medical compensation paid by defendants, even though the payment was to medical providers in Virginia. Nothing in the statutory definition of medical compensation limits the location to North Carolina, nor is there an exception Page 423 for the employer's presumption that the claim will be in a foreign jurisdiction. N.C.G.S. § 97-24 . 2. Workers' Compensation — timeliness of claim — short-term disability payments — not "other compensation" Short-term disability benefits paid in lieu of workers' compensation were not paid pursuant to the Workers' Compensation Act, and did not qualify as "other compensation" for timeliness purposes under N.C.G.S. § 97-24 . 3. Workers' Compensation — appeal — failure to assign error — findings binding Failure to assign error in a workers' compensation case to findings about plaintiff's medical history and incapacity for employment meant that those findings were binding on appeal. The Industrial Commission's conclusion that plaintiff is totally disabled was upheld. 4. Workers' Compensation — offered part-time employment — make-work The evidence in a workers' compensation case supported the finding that a part-time position offered to plaintiff was make-work and did not constitute other employment as defined by N.C.G.S. § 97-2 (9). 5. Workers' Compensation — medical care — effectiveness The Industrial Commission did not err in a workers' compe