Gordon v. City of Durham

24 Citing cases

  1. Richards-Mouyos v. O E Enterprises

    No. I.C. NO. 897757 (N.C. Ind. Comn. Nov. 1, 2010)

    6. The burden is on Defendants to show that Plaintiff refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). Once an employer makes this showing, the burden shifts to the employee to show that the refusal is justified. Moore v. Concrete Supply Co., 149 N.C. App. 381, 389-390, 561 S.E.2d 315, 320 (2002).

  2. Curtis v. Gaines Motor Lines, Inc.

    I.C. NO. 792425 (N.C. Ind. Comn. Aug. 1, 2010)

    5. The burden is on Defendants to show that Plaintiff refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). Once an employer makes this showing, the burden shifts to the employee to show that the refusal is justified. Moore v. Concrete Supply Co., 149 N.C. App. 381, 389-390, 561 S.E.2d 315, 320 (2002).

  3. Nichols v. United Painting Servs., Inc.

    2021 NCCOA 78 (N.C. Ct. App. 2021)

    "Suitable employment" is defined as "employment available to the employee that (i) prior to reaching maximum medical improvement is within the employee's work restrictions, including rehabilitative or other noncompetitive employment with the employer of injury approved by the employee's authorized health care provider . . . ." N.C. Gen. Stat. ยง 97-2(22) (2019). ยถ 15 " 'The burden is on the employer to show that plaintiff refused suitable employment.' " Lowery v. Duke Univ., 167 N.C. App. 714, 718, 609 S.E.2d 780, 783 (2005) (quoting Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002)). "Once the employer shows, to the satisfaction of the Commission, that the employee was offered suitable work, the burden shifts to the employee to show that his refusal was justified."

  4. Curtis v. Gaines Motor Lines, Inc.

    NO. COA11-51 (N.C. Ct. App. Aug. 16, 2011)

    The burden is on the employer to show that plaintiff refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). "[W]hen an employer attempts to show an employee is no longer entitled to compensation for disability based upon the proffer of a job specially created for the employee, the employer must come forward with evidence that others would hire the employee 'to do a similar job at a comparable wage.'"

  5. Wynn v. United Health Serv./Two Rivers Healthโ€“trent Campus

    716 S.E.2d 373 (N.C. Ct. App. 2011)

    Once the employer makes this showing, the burden shifts to the employee to show that the refusal was justified.โ€ Munns v. Precision Franchising, Inc., 196 N.C.App. 315, 317, 674 S.E.2d 430, 433 (2009) (citing Gordon v. City of Durham, 153 N.C.App. 782, 787, 571 S.E.2d 48, 51 (2002), and Moore v. Concrete Supply Co., 149 N.C.App. 381, 389โ€“90, 561 S.E.2d 315, 320 (2002)). As a result, the ultimate issue that must be resolved in order to properly apply N.C. Gen.Stat. ยง 97โ€“32 is a determination of the extent, if any, to which a particular position constitutes โ€œsuitable employment.โ€

  6. Wynn v. United Health Services

    716 S.E.2d 373 (N.C. Ct. App. 2011)

    Once the employer makes this showing, the burden shifts to the employee to show that the refusal was justified." Munns v. Precision Franchising, Inc., 196 N.C. App. 315, 317, 674 S.E.2d 430, 433 (2009) (citing Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002), and Moore v. Concrete Supply Co., 149 N.C. App. 381, 389-90, 561 S.E.2d 315, 320 (2002)). As a result, the ultimate issue that must be resolved in order to properly apply N.C. Gen. Stat. ยง 97-32 is a determination of the extent, if any, to which a particular position constitutes "suitable employment."

  7. Curtis v. Gaines Motor Lines, Inc.

    No. COA11-51 (N.C. Ct. App. Aug. 1, 2011)

    The burden is on the employer to show that plaintiff refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). "[W]hen an employer attempts to show an employee is no longer entitled to compensation for disability based upon the proffer of a job specially created for the employee, the employer must come forward with evidence that others would hire the employee `to do a similar job at a comparable wage.'"

  8. Nobles v. Coastal Power Electric

    701 S.E.2d 316 (N.C. Ct. App. 2010)   Cited 9 times
    Upholding Commission's finding that plaintiff failed to establish inability to earn pre-injury average weekly wage in any employment, where vocational case manager's testimony that plaintiff was not employable at light duty capacity was not credible to Commission

    The employer bears the burden of showing that an employee refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). Once the employer makes this showing, the burden shifts to the employee to show that the refusal was justified.

  9. Johnson v. Baxter Healthcare Corp.

    202 N.C. App. 584 (N.C. Ct. App. 2010)

    The burden is on the employer to show that an employee refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). "Once the employer shows to the satisfaction of the Commission that the employee was offered suitable work, the burden shifts to the employee to show that his refusal was justified."

  10. Munns v. Precision Franchising, Inc.

    674 S.E.2d 430 (N.C. Ct. App. 2009)   Cited 9 times

    The burden is on the employer to show that an employee refused suitable employment. Gordon v. City of Durham, 153 N.C.App. 782, 787, 571 S.E.2d 48, 51 (2002). Once the employer makes this showing, the burden shifts to the employee to show that the refusal was justified.