Claimant suffered a hip injury in January of 1995 and she was ultimately released with restrictions which employer could not meet. Her claim was denied and the matter proceeded to a hearing, where the Industrial Commission found that "defendant has not shown that plaintiff is now presently capable of performing any job, and if she is, that there is a position in her community that she could obtain given her age, education and physical limitations caused by her injury." The Commission, therefore, awarded ongoing benefits. On appeal, the Court of Appeals pointed out that to support a conclusion of disability, claimant must first meet the initial burden of proving that she was incapable of earning her pre-injury wages in the same employment or any other employment, and that her incapacity was caused by her injury. Once claimant meets the initial burden of proving disability, the burden then shifts to her employer to produce evidence that suitable jobs are available and that she is capable of obtaining a job at her pre-injury wages. Therefore, in this case, the burden of proof was incorrectly placed on the defendant if claimant did not meet her initial burden of proving disability. The Court went on to point out that if this were not so, workers' compensation cases would commence with a presumption of disability, which is clearly not the law in North Carolina for denied claims. Coppley v. PPG Indus., Inc. (citation omitted).
Risk Handling Hint: Although this case does not present any change in North Carolina case law, it does reiterate the longstanding principle that the initial burden of proving disability in denied claims is on the plaintiff. Although appellate decisions over the past few years have whittled away at this concept, that fundamental principle is still alive and well and should be recalled whenever decisions are made regarding the acceptance or denial of claims.