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Victory for Deserving Workers’ Compensation Client

Victory for Deserving Workers’ Compensation Client in North Carolina Court of Appeals where COA upheld Full Commission decision granting medical and wage benefits to client.  

In Beard v. WakeMed the North Carolina Court of Appeals upheld the Full Commission of the North Carolina Industrial Commission who found that our client was injured while at work and entitled to workers’ compensation benefits.  The COA held “We will not reweigh the evidence before the Commission, so there is no valid legal argument for this Court to consider from defendants regarding any of the challenged findings of fact or conclusions of law as to plaintiff’s compensable injury.”   The COA found no reason for the Defendant’s appeal and rejected their claims as having no legal basis or support.

The Court further found that “We believe that the evidence and the Commission’s findings of fact regarding the evidence support the conclusion that “Plaintiff has proven disability under the second prong of Russell, through evidence that she made reasonable efforts to find work but has been unsuccessful in obtaining employment.” Accordingly, this argument is overruled.”  The COA again found that defendant WakeMed had incorrectly argued for some justification for their denial of benefits for our client without support for their position.

Finally, the COA found that there was no “newly discovered evidence” as argued by the defendants as evidence presented at the time of the hearing is the only competent evidcence.  This is clear and never should have been an issue for the defendants unless they merely wanted to lengthen the process.

O'Malley Tunstall was glad to have a great result for this deserving client.  She has won at the Deputy Commissioner level, Full Commission and now at the Court of Appeals.  We enjoy representing deserving clients in their tough claims for benefits.  Check out O'Malley Tunstall for more information on workers’ compensation benefits.


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