Betts v. N.C. Dept. of Health and Human Services
| Opinion Filed | July 05, 2023 |
| Attorney for the Case | Robert V. Lucas Sarah Ellerbe Vernon Sumwalt |
| Amicus Brief Writers | Michael Bertics Richard Harper Joshua Harper |
| Court | NC Court of Appeals |
| Docket No. | COA22-324 |
This was the second case to reach the appellate courts on the extended benefits provision added to the Workers’ Compensation Act in 2011. Having received temporary total disability benefits for the maximum of 500 weeks, Plaintiff sought extended benefits under the statute. The Deputy Commissioner awarded benefits, but the Full Commission reversed. Plaintiff appealed to the Court of Appeals.
The primary issue was the same as that in Sturdivant v. NC, which was decided April 18, 2023, and the panel in Betts substantially followed the Sturdivant decision. Once again, the State contended that the “total disability” standard for temporary total disability was lower than the “total loss of wage-earning capacity” standard required for extended benefits.
NCAJ filed an amicus brief which clarified that the language “total loss of wage-earning capacity” was a common law term of art with the same meaning as “total disability.” By using this term in the statute, the legislature codified this common law term. The brief argues that the standard urged by the State would bar benefits if a plaintiff “could even hypothetically work in a sporadic, part-time position, with no regard for whether such positions actually exist or whether the plaintiff could reasonably obtain such a job.”
In a unanimous decision, the Court of Appeals again agreed with plaintiff and NCAJ, holding that the standard for extended benefits is the same as the prior standard. The State is seeking PDR.
