Chapman v. Southern Import Co.
Chapman v. Southern Import Co.
Opinion of the Court
Plaintiff first argues that the Chief Deputy Commissioner was in error in finding that plaintiff had a twenty-five percent permanent partial disability of the back as a result of prior spinal fusions. This finding was based upon the testimony of the examining doctor, Dr. Dorman. Plaintiff contends that the doctor’s opinion was mere speculation since he did not consult with Dr. McGillicuddy, the doctor who had previously performed the surgery on plaintiffs back, and did not actually review the earlier medical records in determining his estimate of plaintiffs preexisting disability. We find this argument to be entirely without merit. Dr. Dorman based his opinion of the extent of plaintiffs preexisting disability upon his own examination of the plaintiff, including X-ray examination of his back, as well as the medical history prior to the accident which was related to him by the plaintiff. A medical history given to an examining physician by the patient for the purposes of treatment is deemed inherently reliable. The examining physician may base his medical opinion, in part, upon these statements. Booker v. Medical Center, 297 N.C. 458, 256 S.E. 2d 189 (1979). Dr. Dorman’s personal examination of the plaintiff, along with plaintiffs medical history, constituted a sufficient basis for his opinion. Furthermore, plaintiffs assignment of error is to a finding made by the Chief Deputy Commissioner. An appeal to this Court may be taken only from the opinion and award of the Full Commission. Cf., Hollowell v. North Carolina Department of Conservation and Development, 201 N.C. 616, 161 S.E. 89 (1931) (appeal lies in Superior Court only from award of Full Commission, decided prior to 1967 amendment of G.S. 97-86). After remand for additional evidence, the Full Commission had before it the deposition testimony of Dr. McGillicuddy. This assignment of error is overruled.
The order of the Full Commission is
Affirmed.
Reference
- Full Case Name
- GEORGE CHAPMAN, Employee v. SOUTHERN IMPORT COMPANY, Employer, and TRAVELERS INSURANCE COMPANY, Carrier
- Cited By
- 2 cases
- Status
- Published