Summary
adopting the dissent in Woody v. Thomasville Upholstery, Inc., 146 N.C. App. 187, 201-02, 552 S.E.2d 202, 211-12 (Martin, J. dissenting)
Summary of this case from Knight v. Abbott LaboratoriesOpinion
No. 596A01
Filed 10 May 2002
Workers' Compensation — depression and fibromyalgia — not occupational diseases
The decision of the Court of Appeals in this case is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that the evidence and the Industrial Commission's findings do not support the Commission's conclusions that plaintiff's employment exposed her to a greater risk of contracting depression and fibromyalgia than the public generally and that her depression and fibromyalgia are compensable occupational diseases.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 146 N.C. App. 187, 552 S.E.2d 202 (2001), affirming an opinion and award entered by the Industrial Commission on 13 January 2000. Heard in the Supreme Court 16 April 2002.
Mary F. Pyron for plaintiff-appellee.
Morris York Williams Surles Barringer, LLP, by Thomas E. Williams and Stephen Kushner; and Orbock Bowden Ruark Dillard, by Maureen S. Orbock and Devin F. Thomas, for defendant-appellant.
For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.
REVERSED.