Clark v. Wal-Mart, 360 N.C. 41

Summary

The Supreme Court of North Carolina held that an employer's admission of compensability in a workers' compensation claim does not create a presumption of continuing disability. Because no Form 21, Form 26, or prior Industrial Commission disability award existed, the employee retained the burden of proving the existence and extent of disability, and the case was remanded for new findings and conclusions.

Holdings

1. An employer's admission of compensability does not create a presumption of disability or continuing disability in favor of the employee. Such a presumption arises only when there is an executed Form 21, an executed Form 26, or a prior disability award from the Industrial Commission.
2. The employee bears the burden of proving the existence and extent of disability, including the inability to earn the same wages in the same or other employment and causation by the work-related injury.
3. The matter must be remanded to the Court of Appeals for further remand to the Industrial Commission to make new findings of fact and conclusions of law under the proper burden of proof.

Questions Presented

1. Whether an employer's admission of compensability and payment of ongoing workers' compensation benefits creates a presumption of continuing disability in favor of the employee.
2. Whether the Industrial Commission properly shifted the burden to defendants to prove that Clark was capable of returning to gainful employment.
3. Whether the case should be remanded for specific findings regarding the existence and extent of Clark's disability.

Disposition

reversed_and_remanded