North Carolina Industrial Commission, 1997

Winkles v. Thorne Industries

Winkles v. Thorne Industries
North Carolina Industrial Commission · Decided January 3, 1997 · AMENDED OPINION AND AWARD FOR THE FULL COMMISSION BY J. RANDOLPH WARD, COMMISSIONER.

Counsel

APPEARANCES Plaintiff: Patterson, Harkavy Lawrence, Attorneys, Raleigh, NC; Henry N. Patterson of Record. Defendants: Orbock, Bowden Ruark, Attorneys, Winston-Salem, NC; Barbara Ruark of Record. *************

Winkles v. Thorne Industries

Opinion of the Court

The Commission found in this case that the treating physician's rating of 10% to the hand did not reliably quantify a permanent partial impairment compensable under N.C. Gen. Stat. § 97-31(12) because, as he stated, but for her scar, he might not have given the plaintiff a rating at all, and therefore, the Commission made an award for disfigurement under N.C. Gen. Stat. § 97-31(22). However, the opinion erroneously included a finding that the plaintiff did suffer a 10% permanent partial disability to her right hand in paragraph #14.

Consequently, IT IS ORDERED that Finding of Fact #14 is STRICKEN, and that as so amended, the Opinion and Award for the Full Commission remains in force and effect from the date of its filing.

S/ _______________________ J. RANDOLPH WARD COMMISSIONER

CONCURRING:

S/ _________________________ DIANNE C. SELLERS COMMISSIONER

S/ _________________________ COY M. VANCE COMMISSIONER

JRW:md

Case-law data current through December 31, 2025. Source: CourtListener bulk data.