Attorneys Obtain Full Commission Opinion & Award in Favor of Defendants

Scott Dunnagan (Raleigh), Matt Covington (Charlotte) and Michael Connell (Raleigh) recently obtained a Full Commission Opinion & Award in favor of Defendants on all issues in a case where the claimant alleged injuries to the back and left leg stemming from a compensable right leg injury dating back to August 2005.  The claimant argued that the non-accepted injuries were as a result of altered gait from use of a walker necessitated by a total knee replacement to the accepted right knee condition performed in March 2006.  Claimant never asserted compensability of the left knee or back, nor sought Commission approval of any evaluation or treatment until the hearing in May 2015.  The Full Commission affirmed the prior award of the Deputy Commissioner, determining the back and left knee conditions/treatment to be non-compensable, reasoning that the claimant failed to satisfy the burden of proving compensability, including a causal relationship between the injury and the employment.