Linder Wins at Court of Appeals
Jeffrey T. Linder recently prevailed at the North Carolina Court of Appeals in favor of his client, a North American corporation, on the issue of whether a healthcare provider’s testimony was insufficiently reliable to qualify as competent evidence concerning the cause of a plaintiff’s injury in a workers’ compensation case. The plaintiff argued that the North Carolina Industrial Commission committed reversible error by ignoring testimony provided by his healthcare providers regarding the causal nature of his injuries. The corporation argued successfully that the Commission appropriately exercised its discretion in rejecting portions of medical testimony as unreliable after carefully weighing the credibility of evidence relied upon by plaintiff’s providers in forming their opinions. The Court found that the plaintiff’s arguments had no merit and that the Commission had “not wholly disregard[ed] competent evidence” as claimed.