Case Details
- Judge(s)
- Steelman, Hunter, Robert, Geer
- Status
- Published
- Procedural Posture
- appeal
Related Laws
No specific laws identified for this ruling.
Excerpt
1. Appeal and Error — preservation of issues — failure to argue An assignment of error not argued in Defendants' brief was deemed abandoned. 2. Workers' Compensation — causation — expert testimony — speculation — and conjecture The Industrial Commission erred in a workers' compensation case by finding that plaintiff's right knee injury was causally related to the compensable left knee injury where plaintiff's self-diagnosis was inadequate to establish medical causation and the expert medical testimony presented was insufficiently reliable to qualify as competent evidence on causation. 3. Workers' Compensation — sufficiency of findings of fact — conflicting as a matter of law The Industrial Commission erred in a workers' compensation case by awarding plaintiff temporary total disability payments for a period of time and this issue is remanded to the Commission for further findings of fact. The Commission upon remand should determine the date plaintiff left the employ of defendant in North Carolina, where and when she worked in South Carolina, and the reason for her termination in South Carolina. 4. Appeal and Error — preservation of issues — failure to argue Assignments of error that defendants failed to argue in their brief are deemed abandoned under N.C. R. App. P. 28(b)(6).
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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