Julia Ann Haithcox v. Flynt Amtex, Inc

GREGG NEWTON (Raleigh), ASHLEY WHITE (Raleigh), and MIKE CONNELL (Raleigh) recently won a case before the Industrial Commission -Julia Ann Haithcox v. Flynt Amtex, Inc.  Deputy Commissioner Brad Donovan ruled that the plaintiff no longer suffered from any compensable work-related injury and/or condition and allowed the defendants to terminate the plaintiff’s ongoing temporary total disability (TTD) benefits.  The plaintiff suffered an admittedly compensable left knee injury in a fall at work on June 6, 2008.  After a lengthy orthopaedic treatment, including exploratory arthroscopic surgery, revealed no objective findings of traumatic injury, the plaintiff also claimed that she injured her neck and back in the fall and/or as a result of altered gait due to her original knee injury.  The plaintiff also claimed that the pain from her accepted knee injury and/or claimed neck and back conditions caused and/or aggravated one or more disabling psychological conditions, including anxiety, depression, personality disorder, and dissociative disorder.  Deputy Commissioner Donovan held that although the plaintiff was temporarily disabled as a result of her admitted left knee injury through October 7, 2008, she was no longer disabled as a result of that injury as it had been determined to be structurally sound as of that date.  Deputy Commissioner Donovan also held that the plaintiff had failed to prove that her claimed neck and back conditions were related to the work accident since she did not complain of any such injuries until months after the accident and because she failed to otherwise show that they were related to her accepted knee injury.  Deputy Commissioner Donovan also held that the plaintiff failed to establish that any of her claimed psychological conditions were caused or aggravated by the fall or otherwise related to her accepted knee injury.  Accordingly, he allowed the defendants to terminate the plaintiff’s TTD benefits and held that defendants were not responsible for any claimed and/or additional medical treatment after October 7, 2008.