Reported Case: Clark vs. Wal-Mart
Ms. Clark began working as a Wal-Mart greeter in July 1998. A few days before Christmas 1998, Ms. Clark was asked to stand on a 10-foot ladder and move a decorative sled that was above her head. Ms. Clark, who has osteoporosis and was under doctor's orders to avoid heavy lifting, felt a sharp pain in her lower back after moving the sled and was diagnosed with two fractured vertebrae, an injury that prevented her from working.
Wal-Mart initially began paying Workers' Compensation benefits. But in 2000, Wal-Mart applied to the N.C. Industrial Commission to stop payments to Ms. Clark, arguing that she and her attorneys had the burden of proving that she was entitled to continuing disability payments.
The N.C. Supreme Court ruled on the case in October 2005, siding with Wal-Mart and setting a precedent that puts the burden on the employee to prove disability in all claims, even claims where the employer has accepted liability. The court ruled that even if an employer begins paying a Workers' Compensation claim, there is no presumption of continuing disability. The N.C. Supreme Court remanded Clark's case to the N.C. Industrial Commission for a decision consistent with its ruling.
Fortunately for Ms. Clark, the Deuterman Law Group was able to convince the N.C. Industrial Commission that she had proven her injury at Wal-Mart left her permanently disabled, and that she is entitled to benefits of $154.91 per week for the rest of her life. In addition, the retailer must pay for her ongoing medical care, including treatment for her back pain, which has been denied her since 1998.
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Reported WC Cases
The following cases are reported Deuterman Law Group Workers' Compensation cases and are available for the public to access in the N.C. Court of Appeals.
Haley vs. ABB, Inc.
Clark vs. Wal-Mart
Martin vs. Martin Bros. Grading
