A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in
the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
NO. COA02-329
NORTH CAROLINA COURT OF APPEALS
Filed: 3 December 2002
CARRIE TAYLOR,
Employee,
Plaintiff
v
.
N.C. Industrial Commission
I.C. File No. 824724
K-MART CORPORATION,
Employer,
Self-Insured
and
CAMBRIDGE INTEGRATED SERVICES,
Servicing Agent,
Defendant
Appeal by employee from opinion and award of the North
Carolina Industrial Commission filed 28 November 2001. Heard in
the Court of Appeals 14 November 2002.
Carrie C. Taylor, plaintiff-appellant, pro se.
Cranfill Sumner & Hartzog, L.L.P., by Patrick H. Flanagan, for
defendant-appellees.
PER CURIAM
I. Background
Carrie Taylor, (plaintiff), began her employment with
defendant Kmart, (employer) in 1981 at a Kmart in Raleigh. She
transferred to the Kmart store in Williamston, worked there five
years, and then transferred to Kmart in Washington where she worked
as the Sporting Goods Manager until February 1996. At that time,
she was promoted to Assistant Store Manager in charge of hardlines
and was transferred to the Kmart store in Wilson. Plaintiff's duties as the Hardlines Manager were to ensure
completion of layouts, price changes, ordering merchandise,
stocking the shelves, managing employees within the department, and
serving customers. Plaintiff performed manual labor in stocking
shelves and unloading freight when no other employees in her
department were available.
Plaintiff was salaried and did not have set working hours.
Plaintiff contends that she was required to work very long hours.
The Commission found that it was not unusual for assistant managers
to work 60-70 hours per week.
Plaintiff testified that during her work at the Kmart in
Wilson she was harassed by her manager and co-employees. Plaintiff
contends that her co-workers called her names and that she came to
believe they bugged her home to listen to her conversations.
Plaintiff also asserts that co-workers drove by her home and shot
at her windows.
Plaintiff testified that similar harassment activity had
occurred at the Washington Kmart store during her employment there.
Plaintiff asserted that while working there she and her daughter
were drugged and raped at least twice in their home. Plaintiff
believes that the Washington store manager facilitated the rapes.
On 6 March 1998, plaintiff saw Dr. Arvo Kanna with East
Carolina Neurology for numbness, weakness, and shooting pains
experienced in her upper and lower extremities. Kanna believed
plaintiff exhibited paranoid delusions and did not find any
objective physical problem to explain plaintiff's symptoms. Dr. Celeste Good, a psychiatrist, began treating plaintiff.
Good testified that plaintiff suffered from a paranoid delusional
order which pre-existed her employment at the Wilson Kmart. Dr.
Good did not believe that plaintiff's condition arose from her work
but that the stressful environment could have exacerbated the
problem.
Plaintiff filed a workers' compensation claim against
employer. Employer denied compensation to plaintiff. Deputy
Commissioner Phillip A. Holmes heard the matter and awarded
plaintiff no benefits in his order filed on 15 March 2001.
Plaintiff appealed the decision. The Full Industrial Commission
(Commission) heard the case on 28 October 2001. The Commission
adopted the deputy's findings of fact and affirmed the holding of
the deputy commissioner denying plaintiff's claim due to
insufficient medical evidence. Plaintiff appeals.
II. Standard of Review
We review opinions of the Commission for a determination
whether there was competent evidence before the Commission to
support its findings of fact and whether those findings support the
Commission's conclusions of law. Counts v. Black & Decker Corp.,
121 N.C. App. 387, 389, 465 S.E.2d 343, 345, disc. review denied,
343 N.C. 305, 471 S.E.2d 68-69 (1996). The Commission's findings
are conclusive if supported by competent evidence even though the
evidence might support contrary findings. Jones v. Candler Mobile
Village, 118 N.C. App. 719, 721, 457 S.E.2d 315, 317 (1995)
(citation omitted).
III. Competent Evidence
Plaintiff challenges that there was insufficient evidence for
the Commission's findings of fact. All of the Commission's
findings are supported by competent evidence in the record even
though contradicted by plaintiff's own testimony.
The findings of
fact support the Commission's conclusion of law that plaintiff did
not show an injury arising out of her employment. At bar, there is
no other legal basis upon which we can review the Commission's
holding. Plaintiff's assignments of error other than her
contention that the findings of fact are not supported are
dismissed. We affirm the opinion and award of the Commission.
AFFIRMED.
Panel consisting of Judges WALKER, McCULLOUGH and TYSON.
Report per Rule 30(e).
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