Am I Stuck With What My Doctor Noted In My Medical Records, Or Can My Doctor Testify In My Workers’ Compensation Claim?

This issue was addressed by the North Carolina Court of Appeals in Holland v. Parrish Tire Company (2019)

In this case the North Carolina Industrial Commission denied the injured employee’s entitlement to workers’ compensation benefits based solely on finding of fact regarding the medical records for the injured employee’s injury.

The North Carolina Court of Appeals, however, ruled that the North Carolina Industrial Commission must consider the testimony of the injured employee’s treating physicians and make findings of fact regarding this testimony when ruling on an injured employee’s entitlement to workers’ compensation benefits.  Because this was not done in this case, the North Carolina Court of Appeals sent the case back to the North Carolina Industrial Commission to consider the testimony of the injured employee’s treating physicians and make additional findings of fact concerning this evidence when providing a new decision regarding the injured employee’s entitlement to workers’ compensation benefits.

This case highlights that assuring all the appropriate evidence is considered by the North Carolina Industrial Commission and that this evidence is noted via findings of fact is critical to an injured employee’s claim for workers’ compensation benefits.

Should you have any questions about this or any other issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling (833) 444-4127.