McLean v. Roadway Express, Inc.

Summary

The North Carolina Court of Appeals reviewed an Industrial Commission determination that the plaintiff experienced a change in condition warranting an increase in permanent partial disability compensation from 30% to 50%. The court held that the evidence did not establish the substantial change in physical capacity required by North Carolina General Statutes § 97-47. It also held that the approved supplemental memorandum of agreement finalized the original rating and reversed the Commission’s decision.

Holdings

1. The record did not support a finding of a substantial change in plaintiff's physical capacity to earn, so the Industrial Commission erred in concluding that plaintiff had undergone a change in condition under G.S. 97-47.
2. The original disability rating became final when plaintiff relied on it in entering the compensation agreement and the Industrial Commission approved that agreement; plaintiff therefore remained subject to the statutory change-in-condition requirement.

Questions Presented

1. Whether the evidence supported the Industrial Commission's conclusion that plaintiff experienced a substantial change in physical capacity to earn after the final compensation award.
2. Whether plaintiff was exempt from the change-in-condition requirement because the original disability rating was allegedly not final.

Disposition

reversed