Defended a workers’ compensation claim

DAVID RHOADES (Raleigh) successfully defended a workers’ compensation claim. The plaintiff worked in a plant making tires for a number of years and for the past couple of years had transferred to an inspection position where she actually walked more. She alleged that having to stand on concrete all day performing her job for approximately 18 years led to the development of right foot problems for which she had been taken out of work. There was no evidence of a specific injury or accident at work. Defendants put forth evidence that although plaintiff worked on her feet most of the day, the employer had provided ergonomic mats at her work station, insured that she was moving around the machines consistently so she was not actually standing in one position and verified that her most recent positions required more walking. Plaintiff also was overweight and had other congenital conditions. Plaintiff had seen a number of physicians, including podiatrists and orthopedic surgeons. Plaintiff underwent two surgeries and had several diagnoses of her condition. Defendants retained an expert to review records and testify as to plaintiff’s condition and on causation. The Commission ultimately held that plaintiff failed to prove the elements of an occupational disease and denied her claim. Plaintiff has appealed, and the appeal is pending at the Full Commission.