MORRIS CARLTON,
Employee,
Plaintiff,
North Carolina
v. Industrial Commission
I.C. No. 988635
COASTAL ENTERPRISES, INC.,
Employer,
DENNIS INSURANCE GROUP,
Carrier,
Defendants.
Brumbaugh, Mu & King, P.A., by Kenneth W. King, Jr., for
plaintiff-appellee.
Marshall, Williams & Gorham, L.L.P., by Ronald H. Woodruff,
for defendants-appellants.
GEER, Judge.
Defendants Coastal Enterprises, Inc. ("Coastal") and Dennis
Insurance Group have appealed from a decision of the North Carolina
Industrial Commission awarding plaintiff temporary total disability
benefits for a herniated disk. Defendants argue solely that the
Commission erred in finding credible plaintiff's testimony
regarding how his back injury occurred. Because it is well-
established that the Full Commission is the sole judge of
credibility, we affirm.
In findings of fact to which defendants have not specifically
assigned error, the Commission found as follows. Defendant Coastal
provides cleaning services at various locations, including at the
main commissary at Camp Lejeune. Plaintiff Morris Carlton, who is
48 years old, began working for Coastal on 17 April 1997 as a
custodian.
Although Mr. Carlton was responsible for performing whatever
cleaning activities were necessary, he spent a significant
percentage of his time operating a buffing machine. The buffing
machine was transported in a truck that had a hydraulic lift. The
lift was raised and lowered mechanically, but employees first had
to manually lower the upper edge of the lift so that it would stop
in a horizontal position. The lift weighed in excess of 200
pounds.
On approximately 19 October 1999, Mr. Carlton and another
employee were attempting to lower the lift with Mr. Carlton
handling most of the weight of the lift to keep it from falling.
While lowering the lift, he felt a strain or pull in his back
followed by increasing soreness throughout the day.
Mr. Carlton sought treatment at the Onslow Memorial Hospital
emergency room. The doctor's note for that visit states, "Injured
low back lifting." Three days after visiting the emergency room,
Mr. Carlton reported to his chiropractor that he had experienced a
pull or strain while lowering a truck lift with a co-employee and
that he had afterwards experienced increasing soreness. He gave
essentially the same description of the cause of his injury to theinsurance claims adjuster on 12 November 1999.
The Commission further found that plaintiff's injury was the
direct result of a specific traumatic incident occurring on 19
October 1999. Noting that defendants did not contest the time that
plaintiff was out of work or medical causation, the Commission
found that Mr. Carlton was totally disabled for certain specified
periods. Based on these findings, the Commission concluded that
plaintiff's back condition "was due to an injury by accident
arising out of and in the course of his employment with defendant-
employer, and was the direct result of a specific traumatic
incident of the work assigned on or about October 19, 1999."
Defendants' sole argument on appeal _ that the Commission
erred in crediting plaintiff's testimony _ is not an argument
properly made to this Court. The assessment of a witness'
credibility is the exclusive province of the Full Commission as
finder of fact and may not be reviewed on appeal to this Court.
Deese v. Champion Int'l Corp., 352 N.C. 109, 116-17, 530 S.E.2d
549, 553 (2000). Since competent evidence in the form of
plaintiff's testimony supports the Commission's finding of a work-
related injury by accident, we affirm.
Affirmed.
Judges McGEE and HUDSON concur.
Report per Rule 30(e).
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