October 09, 2000
Cite this Page: 13 N.C.L.W. 0861
Verdicts & Settlements
Ruptured Disks – Application To Terminate Benefits – Dispute Over Cooperation With Doctor – $164,300 Mediated Settlement
Brief Statement of Claim: Workers’ compensation
Principal Injuries (in order of severity): Three ruptured disks
Special Damages: n/a
Tried or settled: Mediated settlement
County where tried or settled: n/a
Case Name and number: Teresa Gordon v. Fit-All Sportswear and Casualty Reciprocal Exchange (I.C. No. 8451614)
Date Concluded: June 28, 2000
Name of Judge: n/a
Insurance Carrier: Reciprocal Exchange
Expert Witnesses and areas of expertise:
Attorneys for plaintiffs: George E. Francisco of Francisco & Merritt, Mt. Airy
Other Useful Info: On June 16, 1998, the 48-year-old plaintiff sustained an injury to her back arising out of and in the course of her employment. She underwent surgery to repair three ruptured disks. The defendants accepted the claim and paid compensation of $289.49 per week.
The plaintiff became severely depressed, anxious and suffered from chronic pain. She has not returned to work in any capacity since the date of her injury.
Dr. Gerald M. Aronoff performed a one-time evaluation of the plaintiff on Dec. 6, 1999. The defendants filed a medical motion wanting the plaintiff to submit to the care of Dr. Aronoff, and a Form 24 application to terminate payment of compensation on grounds the plaintiff was not cooperating with rehabilitation and medical care.
Special deputy commissioner Gillen filed an order disapproving the defendants’ application to terminate benefits but ordered the plaintiff to comply with medical treatment by Dr. Aronoff.
The plaintiff filed a motion to reconsider. Deputy commissioner George Glenn stayed the part of Deputy Gillen’s order that plaintiff comply with medical treatment by Dr. Aronoff.
A hearing was scheduled for July 2000. The case settled in a second mediation on June 28, 2000.
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