North Carolina Industrial Commission involving a claimant’s allegations of a back injury

MICA NGUYEN WORTHY (Charlotte) succeeded in defending a claim at the North Carolina Industrial Commission involving a claimant’s allegations of a back injury unreported to his employer until after he ended his employment.  Plaintiff’s attorney refused to discuss any settlement negotiations insisting that his client needed surgery and that Defendants were responsible.  MS. WORTHY attacked Plaintiff’s late reporting of the alleged incident, his inconsistent testimony regarding a prior rock-climbing accident, the lack of medical causation evidence, and the lack of evidence proving ongoing disability under the Workers’ Compensation Act.  The Deputy Commissioner held Plaintiff failed to prove every element of his claim and denied the claim in its entirety.