167 N.C. App. 449 - Barbour v. Regis Corp.’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “8. With respect to whether plaintiff is permanently and totally disabled, Dr. Somnath Naik, a pulmonary medicine physician, who has been treating plaintiff since 1992, agreed that he could not say to a reasonable degree of medical certainty that plaintiff’s condition is going to be permanent into the future because of the possibility that new drugs may come on the market to treat her condition. He acknowledged that he was aware that there are “certain drugs in the pipeline, including genetic drugs,” that may become available to improve plaintiff’s condition. He opined, however, that currently plaintiff is totally disabled as a result of her compensable condition. 9. The Full Commission finds, based upon the greater weight of the evidence, that plaintiff’s current incapacity to earn wages is total; however, the evidence is insufficient to prove that plaintiff is permanently and totally disabled.”

   1 later decision quote this exact passage
   e.g. 219 N.C. App. 403 - Pait v. Southeastern General Hospital

2. “First, the Full Commission properly concluded, as a matter of law, that a Form 60 cannot be set aside based upon mutual mistake. Second, “an employer who files a Form 60 pursuant to N.C. Gen. Stat. § 97-18 (b),” . . . “will be deemed to have admitted liability and compensability.”... Had defendants wished to investigate either the incident or [claimant’s] medical history, they could have filed a Form 63, pursuant to N.C. Gen. Stat. § 97-18 (d), which would have allowed them to investigate the compensability of [his] accident.. . . [Defendants, after admitting compensability via a Form 60, continued to challenge that admitted compensability based upon (1) a legally impossible basis and (2) their own lack of due diligence.”

   1 later decision quote this exact passage
   e.g. Spivey v. Wright's Roofing

3. “[I]n order to support a conclusion of disability, the Commission must find: (1) that plaintiff was incapable after his injury of earning the same wages he had earned before his injury in the same employment, (2) that plaintiff was incapable after his injury of earning the same wages he had earned before his injury in any other employment, and (3) that this individual’s incapacity to earn was caused by plaintiff’s injury.”

   1 later decision quote this exact passage
   e.g. 180 N.C. App. 314 - Everett v. Well Care & Nursing Services