Martin & Jones, PLLC
Call today for a Free consultation.

Court of Appeals: July Round-Up (Part II)

*Lassiter v. Town of Selma -- This is another classic 'Adams Appeal,' as touched on briefly in the blog post below. In Adams, the North Carolina Supreme Court held that as long as there is any evidence in the record to support the Commission's finding of fact, that finding will be upheld on appeal. In other words, if you are appealing a factual issue, you are going to lose. In other words, you are wasting your time and money. In Lassiter, the Commission found that the injured worker contracted Lymes disease while working for his employer. There was evidence that he was bitten by a tick at work, that he developed a bullseye rash at the spot of the bite, and that his doctor diagnosed him with Lymes. That's plenty of competent evidence for the Commission to determine that he contracted the disease through work. *Goodson v. Affiliated Computer Services -- The plaintiff had preexisting post-traumatic stress disorder (PTSD) resulting from domestic violence. As a result of her former boyfriend's physical abuse, she had a prosthetic eye. At a training session 'ice-breaker' the plaintiff attended for work, the trainer commented about her prosthetic eye. The plaintiff claimed that the comment exacerbated her PTSD and rendered her unable to work. The Commission denied the claim, holding that the trainer's comment did not constitute an 'accident.' The COA affirmed the denial. The Court examined previous PTSD and other psychological injury cases that supported the conclusion that there was no accident. Essentially, the comment about the plaintiff's prosthetic eye was not an unusual or unlooked-for event. The real issue here is that the Commission is reluctant to recognize mental injury cases without a substantial aggravating event. This is especially so when there is significant evidence of preexisting psychological issues.

No Comments

Leave a comment
Comment Information


Contact US Get Help Now

Send us an email or call us today at 800-662-1234 to speak with an attorney about your claim or to arrange a free consultation. It costs nothing to call and there is no obligation. In fact, we are not paid until your case is resolved. Se habla español. If you are unable to travel to one of our offices in Raleigh, Durham and Wilmington, we will meet with you at your location.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Raleigh Office
410 Glenwood Avenue
Suite 200
Raleigh, NC 27603

Toll Free: 800-662-1234
Phone: 919-821-0005
Raleigh Law Office Map

Wilmington Office
1213 Culbreth Drive
Suite 121
Wilmington, NC 28405

Toll Free: 800-662-1234
Phone: 910-256-4005
Wilmington Law Office Map

Durham Office
302 East Pettigrew Street
Suite 330
Durham, NC 27701

Toll Free: 800-662-1234
Phone: 919-544-3000
Durham Law Office Map