Simmons Obtains Favorable Opinion from NCIC

Jerri Simmons (Charlotte) obtained a favorable opinion from the North Carolina Industrial Commission in a case involving an employee who injured her wrist while winding labels.  The employee argued the repetitive motion of winding labels caused her to develop a compensable wrist injury.  However, there was a dispute over whether Plaintiff was engaged in her normal work routine at the time of the accident.  Defendants argued Plaintiff’s claim should be denied because she was engaged in her normal work routine at the time of the accident.  There was nothing different about the way she ran the labels on the date of her accident, as opposed to any other dates she ran labels.  Ultimately, Deputy Commissioner David Mark Hullender determined the employee was engaged in her normal work routine at the time of the accident and denied Plaintiff’s claim for benefits under the provisions of the NC Workers’ Compensation Act.