HARRY DEBROW,
Employee,
Plaintiff-Appellant
v. Industrial Commission
No. 620236
N.C. DEPARTMENT OF CORRECTION,
Employer,
Self-Insured
and
KEY RISK MANAGEMENT,
Defendants-Appellees
Perry, Anthony & Sosna, by Cedric R. Perry, for plaintiff-
appellant.
Attorney General Roy Cooper, by Assistant Attorney General
Patrick S. Wooten, for defendant-appellees.
MARTIN, Chief Judge.
Plaintiff sustained a compensable injury by accident on 20
November 1995 when he picked up a table and felt a pop in his back.
He reported his injury and received immediate medical treatment
that day at Halifax Memorial Hospital. He was diagnosed at that
time as having degenerative disc disease. He underwent treatment
by an orthopedist, Dr. Ganesh Bissrem, who diagnosed a lumbrosacral
strain caused by the compensable injury. Dr. Bissrem treatedplaintiff conservatively with physical therapy and returned
plaintiff to work full time on 3 January 1996. Plaintiff continued
to receive physical therapy treatment through August 1996.
Plaintiff continued to work and did not seek medical treatment
again for back pain until 23 August 2000, when he consulted Dr.
Ralph A. Liebelt, an orthopedic surgeon. Dr. Liebelt diagnosed
discogenic pain from the lumbar spine and recommended further
testing and possible surgery, among other things.
On 25 July 2001 plaintiff filed a request for a hearing
contending that the employer/insurer wrongfully refused to pay for
the additional testing or treatment recommended by Dr. Liebelt.
The employer referred plaintiff to Dr. Greig McAvoy, an orthopedic
surgeon, for evaluations on 2 October 2001 and 14 February 2002.
Dr. McAvoy could not find any neurologic compromise or
encroachment. He recommended that plaintiff undertake an active
exercise program to reduce weight and to stop smoking. He did not
think that plaintiff needed further medical treatment.
A deputy commissioner heard the matter on 15 May 2002 and
after receiving the depositions of Dr. Liebelt and Dr. McAvoy,
filed an opinion and award on 30 April 2003 denying plaintiff's
claim for additional compensation. The deputy commissioner
ultimately found and concluded that plaintiff had fully recovered
from the effects of the compensable injury he sustained on 20
November 1995 and that plaintiff's occasional back pain was
unrelated to the compensable injury. Plaintiff excepted to these
findings and conclusions and appealed to the Full Commission. Uponits review of the record, a unanimous panel of the full Commission
made the same ultimate findings and conclusions as the deputy
commissioner.
Plaintiff assigns as error the Full Commission's adoption of
the deputy commissioner's ultimate findings and conclusions. He
argues these findings and conclusions are not supported by the
evidence.
Appellate review of an opinion and award is limited to
reviewing whether any competent evidence supports the Commission's
findings of fact and whether the findings of fact support the
Commission's conclusions of law. Deese v. Champion Int'l Corp.,
352 N.C. 109, 116, 530 S.E.2d 549, 553 (2000). The appellate court
does not have the right to weigh the evidence and decide the issue
on the basis of its weight. The court's duty goes no further than
to determine whether the record contains any evidence tending to
support the finding. Adams v. AVX Corp., 349 N.C. 676, 681, 509
S.E.2d 411, 414 (1998) (quoting Anderson v. Construction Co., 265
N.C. 431, 434, 144 S.E.2d 272, 274 (1965)), reh'g denied, 350 N.C.
108, 532 S.E.2d 522 (1999). In making its findings, the Industrial
Commission is not required to find facts as to all credible
evidence but only those facts which are necessary to support its
conclusions of law determining the claim. Peagler v. Tyson Foods,
Inc., 138 N.C. App. 593, 602, 532 S.E.2d 207, 213 (2000).
The Commission found that plaintiff did not seek any medical
treatment for back pain from mid-August 1996 until August 2000.
This finding is supported by plaintiff's stipulated medicalrecords. Dr. Liebelt testified that if plaintiff did not seek
medical treatment for three years, during which time he was
asymptomatic and functioning normally, it would be hard to relate
[his current condition] back to the original injury. Dr. McAvoy
testified more emphatically that plaintiff's complaints of pain in
2001 were not related to any injury that occurred in 1995. The
foregoing evidence supports the Commission's findings, which in
turn support the Commission's conclusions of law and decision to
deny additional compensation.
The opinion and award is affirmed.
Affirmed.
Judges McCULLOUGH and CALABRIA concur.
Report per Rule 30(e).
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