148 N.C. App. 667 - Shingleton v. Kobacker Group’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Change of condition refers to conditions different from those existent when the award was made; and a continued incapacity of the same kind and character and for the same injury is not a change of condition. [T]he change must be actual, and not a mere change of opinion with respect to a pre-existing condition. Change of condition is a substantial change, after a final award of compensation, of physical capacity to earn, and, in some cases, of earnings.” . . . Stated negatively, “[c]hanges of condition occurring during the healing period and prior to the time of maximum recovery and the permanent disability, if any, found to exist at the end of the period of healing are not changes of condition within the meaning of G.S. 97-47.” Furthermore, this Court has held that “a mere change of the doctor’s opinion with respect to claimant’s preexisting condition does not constitute a change of condition required by G.S. 97-47.””

   3 later decisions quote this exact passage
   e.g. 183 N.C. App. 541 - Ward v. Floors Perfect · 194 N.C. App. 662 - Hunt v. NORTH CAROLINA STATE UNIVERSITY

2. “A change in condition may consist of either: a change in the claimant’s physical condition that impacts his earning capacity”; “a change in the claimant’s earning capacity even though claimant’s physical condition remains unchanged”; “or a change in the degree of disability even though claimant’s physical condition remains unchanged.” “The party seeking to modify an award based on a change of condition bears the burden of proving that a new condition exists and that it is causally related to the injury upon which the award is based.”

   1 later decision quote this exact passage
   e.g. 194 N.C. App. 662 - Hunt v. NORTH CAROLINA STATE UNIVERSITY

3. “Upon its own motion or upon the application of any party in interest on the grounds of a change in condition, the Industrial Commission may review any award, and on such review may make an award ending, diminishing, or increasing the compensation previously awarded, subject to the maximum or minimum provided in this Article ....”

   1 later decision quote this exact passage
   e.g. 193 N.C. App. 86 - Meares v. Dana Corp.