N.C. Gen. Stat. § 97-2

Section 97-2(5) uses an employee's average weekly wage to determine the workers' compensation rate.

Simpson v. Hutton companies/adp Totalsource, Inc. · filed 2010-02-26(5)

At the time of her injury by accident, Plaintiff had an average weekly wage $683.95, yielding a compensation rate of $455.99. N.C. Gen. Stat. § 97-2 (5).

Section 97-2(5) governs the weekly compensation rate; the Commission set it at the applicable maximum after defendants failed to file a Form 22.

Mauldin v. A.C. Corporation · filed 2010-09-28(5)

Defendants failed to file a Form 22. Plaintiff's weekly compensation rate is set at $754.00 per week, the maximum compensation rate for 2007. N.C. Gen. Stat. § 97-2 (5).

Section 97-2(5) governs the average weekly wage used to calculate a worker's compensation rate.

Buckner v. North Carolina Department of Correction · filed 2011-09-01(5)

2. Based upon the totality of the credible evidence of record, the Full Commission concludes that on April 11, 1999, Plaintiff's average weekly wage was $581.68, which yields a compensation rate of $387.81. N.C. Gen. Stat. § 97-2 (5).

Section 97-2(5) uses the employee's average weekly wage to determine the compensation rate, subject to the applicable annual maximum.

Perkins v. Duke Power Company · filed 1995-05-01(5)

Plaintiff's average weekly wage was $660.00, yielding a compensation rate of $426.00 (the maximum compensation rate for calendar year 1992). N.C.G.S. § 97-2(5).

Section 97-2(5) defines average weekly wage for calculating the weekly compensation rate.

Barnes v. Lackawanna Leather · filed 1995-09-25(5)

2. The Form 22 establishes an average weekly wage of $492.73 which yields a weekly compensation rate of $328.51. ... 2. The plaintiff is entitled to receive compensation at the rate of $328.51. N.C.G.S. § 97-2 (5).

Section 97-2(5) excludes wages earned from other work when calculating an injured employee’s average weekly wage.

Aaron v. New Fortis Homes, Inc. · filed 1997-11-18(5)

The calculation of an employee’s average wage is governed by G.S. 97-2(5). ... Accordingly, on remand the Commission should take new evidence and calculate plaintiff’s average weekly wage but not include wages from sources other than New Fortis Homes, Inc.

Section 97-2(5) permits a method that accounts for peak and slack periods when the usual average-weekly-wage calculation would be unfair to a seasonal worker or employer.

Barber v. Going West Transportation, Inc. · filed 1999-08-03(5)

In consequence of a fluctuating work schedule dependent in the main upon the produce season, plaintiff’s job more properly qualified as “seasonal” rather than continuous employment. ... Utilizing the same methodology herein, we observe plaintiff’s total wages earned between February 1995 and February 1996 would equal a sum of $9,333.05, $7,178.12 earned in 1995 and $2,154.93 earned in 1996. Dividing that sum by 52 weeks results in an average weekly wage of $179.48, well below the figure of $548.94 per week or $28,544.88 annually calculated by the Commission.

Section 97-2(5) governs the average weekly wage used to calculate a worker's weekly compensation rate.

Martin v. Westpoint Stevens, Inc. · filed 2003-02-24(5)

At the time of plaintiff's contraction of her compensable occupational diseases, plaintiff's average weekly wage was $383.39, yielding a weekly compensation rate of $255.60. N.C.G.S. § 97-2(5).

Section 97-2(5) supplies the average weekly wage used to set the compensation rate.

Hawkins v. B/E Aerospace · filed 2003-03-21(5)

Plaintiff's average weekly wage is $758.73, yielding a compensation rate of $505.85. N.C.G.S. § 97-2(5).

Section 97-2(5) requires the first method of calculating average weekly wages to look to the claimant’s employment immediately preceding diagnosis when the claimant is diagnosed with asbestosis after leaving employment.

Clark v. ITT Grinnell Industrial Piping, Inc. · filed 2000-12-29(5)

Without any findings regarding the “fair and just” method for calculating plaintiff’s average weekly wage, we must assume that the Commission was attempting to rely upon the first method set forth in N.C.G.S. § 97-2(5). However, as previously discussed, that method requires looking at the plaintiff’s employment immediately preceding diagnosis for calculating his average weekly wage.

Section 97-2(5) requires overtime pay to be considered when calculating average weekly wage.

Clunk v. Pfizer, Inc. · filed 1998-08-06(5)

In the case sub judice , Mr. Clunk's average weekly wage was apparently lower than it should have been due to the fact that overtime was not calculated in setting the average weekly wage. Determination of his average weekly wage requires application of the definition set forth in the Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (5) (1991).

Section 97-2(5) includes bonuses and supplemental payments made in lieu of wages as part of an employee’s wage contract when calculating average weekly wage.

Stephens v. Genercare Management · filed 2002-11-19(5)

In addition to using the incorrect biweekly wage amount, defendants failed to calculate as wages the bonuses and supplemental pay plaintiff received in the 52 weeks preceding the compensable injury by accident. Therefore, defendants failed to properly apply the statutory definition of "average weekly wage." N.C. Gen. Stat. § 97-2 (5).

Average weekly wages include longevity bonuses and related overtime adjustments, and the calculation excludes qualifying periods of lost time from the 52-week denominator.

Cox v. City of Winston-Salem · filed 2005-06-21(5)

The Commission made the following finding of fact: ... [Cox]’s correct average weekly wage is $570.95 and the compensation rate is $380.65. These figures are determined by taking plaintiff’s total earnings of $28,295.09, together with the longevity bonus of $600.29 and the overtime adjustment for longevity of $57.64 for a total of $28,953.02. This total gross earnings amount is then divided by 50.71 (52 weeks less 1.29 weeks, a period of lost time exceeding seven consecutive days). ... This finding is supported by competent evidence in the record and must be affirmed.

Section 97-2(5) includes overtime pay when calculating average weekly wages.

Lucas v. Ll Building Prod. · filed 2005-07-13(5)

The plaintiff's average weekly wage was calculated incorrectly by the Deputy Commissioner in that the plaintiff's overtime was not included. The plaintiff's pertinent average weekly wage was $806.68, which yields a weekly compensation rate of $537.81.

Section 97-2(5) counts overtime, travel expenses, and per diem expenses as wages when they are specified in the wage contract and paid in lieu of wages.

Yannacci v. Atlantic Services, Inc. · filed 2006-06-26(5)

Based upon the totality of the evidence of record, plaintiff's overtime, travel expenses and per diem expenses were all specified allowances in her wage contract paid in lieu of wages.

Under § 97-2(5)'s fifth method, tax records can establish a fair and just average weekly wage for a draw-plus-commission employee when the weeks in which commissions were earned cannot be determined.

Nale v. Allen · filed 2008-09-10(5)

Although Plaintiff was paid on a draw-plus-commission basis, against which any deficit in commissions was applied against future commissions, it is too speculative and impossible to determine the exact work weeks in which Plaintiff actually earned her commissions. ... Plaintiff's tax records are the most reliable indicator of her earnings with Defendant-Employer. Using these records are fair and just to both parties, since both Plaintiff and Defendant-Employer are obliged to report accurately the amount of Plaintiff's earnings to both federal and state tax authorities in their tax filings, including Plaintiff's W-2 forms. ... Plaintiff's average weekly wage has been calculated correctly under the fifth method in N.C. Gen. Stat. § 97-2 (5).

Section 97-2(5) permits use of its final method to calculate average weekly wage from net income after business expenses when gross commissions would overstate a worker’s earnings and produce an unfair result.

Edgerton v. Advantage · filed 2009-07-17(5)

As plaintiff's gross commissions do not accurately reflect her earnings, it is appropriate to deduct the expenses incurred in generating those revenues and use the net income that plaintiff reports on her income tax as the appropriate average weekly wage.

Section 97-2(5) permits use of the fifth method to calculate average weekly wage from tax records when a draw-plus-commission arrangement makes the weeks in which commissions were earned too speculative to determine.

Nale v. Allen · filed 2010-03-17(5)

Although Plaintiff was paid on a draw-plus-commission basis, against which any deficit in commissions was applied against future commissions, it is too speculative and impossible to determine the exact work weeks in which Plaintiff actually earned her commissions. ... Plaintiff's tax records are the most reliable indicator of her earnings with Defendant-Employer. Using these records are fair and just to both parties, since both Plaintiff and Defendant-Employer are obliged to report accurately the amount of Plaintiff's earnings to both federal and state tax authorities in their tax filings, including Plaintiff's W-2 forms. ... Plaintiff's average weekly wage has been calculated correctly under the fifth method in N.C. Gen. Stat. § 97-2 (5).

For a worker employed under a joint employment contract, the third method of calculating average weekly wage totals wages earned under that contract with all joint employers.

Rodriguez v. Carr · filed 2009-08-17(5)

The third method of calculating Plaintiff's average weekly wage under N.C. Gen. Stat. § 97-2 (5) requires the Industrial Commission to total the wages earned by Plaintiff under the terms of his employment contract with Lynn Carr Farms, the N.C.G.A., and all other joint employers.

Section 97-2(5) bases an electing sole proprietor’s average weekly wage on wages paid for services, not the business’s net profit.

McAnelly v. Wilson Pallet & Crate Co. · filed 1995-09-05(5)

Moreover, plaintiff lawfully elected to be treated as any other employee of Wilson Pallet and Crate Company under the sole proprietor provision of the statute. The Commission would not base their award for any other employee on whether or not the employer showed a profit, rather than on the wages paid to the employee.

For a sole proprietor, average weekly wage may be based on the worker’s share of business net profit attributable to that worker’s labor when that fairly reflects the worker’s earnings.

Pruett v. Pruett Floor Coverings · filed 2002-07-15(5)

The greater weight of the evidence is that defendant-employer in 1994 sustained a net profit of $92,239 of which seventy percent (70%) was from plaintiff's labor. It is not fair and reasonable to attribute the entire $92,239 to plaintiff because the evidence is that Mrs. Pruett also provided services for defendant-employer and her earnings are not otherwise accounted for in the tax records.

Section 97-2(5) permits a self-employed worker's average weekly wage to be calculated from 52 weeks of business net profits when exceptional reasons make that method fair and reliable.

James v. Collier Cleaning Services · filed 2006-10-24(5)

Due to exceptional reasons, the most appropriate and fair method of calculating plaintiff's post-injury earning capacity is to rely on the yearly net profits for the business. In this case, net profits for a 52 week period provided a reasonable and reliable standard for calculating the average weekly wage of a self-employed injured worker. N.C. Gen. Stat. § 97-2 (5); Christian v. Riddle and Mendenhall Logging, 117 N.C. App. 261 , 450 S.E.2d 510 (1994).

For employment lasting less than 52 weeks before injury, average weekly wage is calculated from earnings during that period divided by the weeks and parts of weeks worked when that method produces a result fair and just to both parties.

Bramlett v. Carolina Galvanizing · filed 1994-06-16(5)

Plaintiff's average weekly wage with defendant-employer was $393.68 and his weekly compensation rate is $262.47. These figures were reached based upon the statutory language of N.C. Gen. Stat. § 97-2 (5); which states: "Where the employment prior to the injury extended over a period of less than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed; provided, results fair and just to both parties will be thereby obtained." N.C. Gen. Stat. §§ 97-2 (5) and 29.

Section 97-2(5) permits another method of calculating average weekly wages when the employee worked fewer than 52 weeks, using the amount the employee would have earned without the injury.

Larramore v. Richardson Sports, Ltd., Partnership · filed 1999-08-04(5)

At the time of the injury giving rise to this claim, the plaintiff had not been employed by the defendants for a fifty-two week period. Therefore, it is appropriate to resort to such other method of computing average weekly wages as will most nearly approximate the amount which the injured employee would be earning were it not for the injury. N.C. Gen. Stat. § 97-2 (5). The method which would "most nearly approximate the amount which the injured employee would be earning were it not for the injury" would be to add the contract amount of $85,000.00 and the $1,000.00 signing bonus and divide by 52 weeks, yielding an appropriate average weekly wage of $1,653.85.

Section 97-2(5) requires an average weekly wage that fairly approximates what the employee would have earned in the particular employment at the time of injury; the calculation may use the employee’s actual part-time workweek at that time.

Foures v. Biggers · filed 2002-10-28(5)

The purpose of N.C. Gen. Stat. § 97-2 (5) is to arrive at a fair and just result, which were it not for the injury, would most nearly approximate the wages an employee would have earned in the particular employment at the time of the injury. Based upon the credible evidence of record, the average weekly wage that represents a fair and just result must be based upon a 24 hour work week, which accurately reflects the extent of plaintiff's employment at the time of her compensable injury.

Section 97-2(5) permits use of the third method for calculating average weekly wages when the first two methods are inapplicable because the employee worked fewer than 52 weeks before injury and the third method is fair to all parties.

Morrison v. Carpet House of Boone · filed 2003-09-30(5)

Of the five statutory methods for computing average weekly wage, the first and second methods of calculating plaintiff's average weekly wages are inapplicable because plaintiff was not employed for 52 weeks prior to his injury. The third method produces results that are fair to all the parties. N.C. Gen. Stat. § 97-2 (5).

When employment before injury lasted less than 52 weeks, average weekly wage is calculated by dividing earnings by the weeks and parts of weeks worked if the result is fair and just to both parties.

Hinson v. Harris Steel Erectors, Inc. · filed 2003-11-06(5)

The first statutory method of calculating average weekly wage cannot be used in this case since plaintiff did not work for Harris Steel Erectors for 52 consecutive weeks. However, the second method can be used and is fair to both parties: "Where the employment prior to the injury extended over a period of less than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed; provided, results fair and just to both parties will be thereby obtained."

Section 97-2(5) requires the third method of calculating average weekly wage when the employee worked less than 52 weeks and that method is fair and just to the parties.

Hensley v. Office Clean · filed 2003-11-17(5)

At the time of his 25 June 1999 injury by accident, plaintiff had worked for defendant-employer for less than fifty-two (52) weeks, therefore, his average weekly wage cannot be calculated by use of the first or second methods provided in N.C. Gen. Stat. § 97-2 (5). Accordingly, use of the third method is required, if fair and just to the parties.

Section 97-2(5) allows average weekly wage to be calculated by dividing earnings by the actual number of weeks worked when that method is fair and just to the parties.

Keen v. Mack Molding Co. · filed 2004-02-03(5)

The method of calculating plaintiff's average weekly wage that is fair and just to the parties is to divide the earnings by actual number of weeks worked. N.C. Gen. Stat. § 97-2 (5). Based upon this method, plaintiff's average weekly wage is $402.22, which yields a compensation rate of $268.16.

Section 97-2(5) calculates average weekly wage for employment lasting fewer than 52 weeks by dividing earnings by the weeks and parts of weeks in which the employee earned wages, provided the result is fair and just to both parties.

Maness v. Olsten Staffing Svcs. · filed 2004-03-29(5)

Since the "employment prior to the injury extended over a period of fewer than 52 weeks, the method of dividing the earnings during that period" ($2,295.52) "by the number of weeks and parts thereof during which the employee earned wages" (7), yields $327.93 as the average weekly wage and $218.63 as the compensation rate. This rate will prevail "provided results fair and just to both parties will be thereby obtained".

Section 97-2(5) permits a fair and just alternative method for calculating average weekly wages when the employee worked less than 52 weeks before the injury, including using the wages of a similarly situated employee.

Munoz v. Caldwell Mem. Hosp. · filed 2004-06-28(5)

In this case, plaintiff's average weekly wage is best determined by employing another method as set forth in N.C. Gen Stat. § 97-2 (5) because plaintiff's employment prior to her injury extended over a period of less than 52 weeks. Accordingly, plaintiff's average weekly wage shall be that of a similar situated employee who has been employed by defendant-employer for more than one year.

Section 97-2(5) permits calculating average weekly wage from actual earnings over the days worked when an employee worked fewer than 52 weeks and that method is just and fair to the parties.

Bonafield v. Clearlight Glass Mirror · filed 2005-02-11(5)

N.C. Gen. Stat. § 97-2 (5) provides the methodology by which average weekly wage is to be calculated. As plaintiff worked less than fifty-two weeks prior to the injury, the first method of calculating plaintiff's average weekly wage cannot be used. The issue for determination is which of the remaining methods is just and fair to the parties. Based upon the evidence adduced from the record, it is clear plaintiff was paid a total of $1,823.22. Therefore, the second method of calculating plaintiff's average weekly wage is just and fair to the parties, utilizing his actual wages earned over the thirty-two days worked. N.C. Gen. Stat. § 97-2 (5).

Section 97-2(5) permits average weekly wages to be calculated using the stipulated straight average hours of similarly situated employees when the injured employee worked for fewer than 52 weeks.

Munoz v. Caldwell Memorial Hospital · filed 2005-07-05(5)

In the instant case, the Full Commission’s conclusion of law indicates that it based its decision to use the straight average upon the stipulation agreed to by both parties. Thus, in light of the foregoing, we conclude that the Full Commission did not err in its determination regarding plaintiffs average weekly wage.

Section 97-2(5) permits average weekly wages to be calculated from an employee’s employment of less than 52 weeks when that method is fair and practicable, without using a similar employee’s wages.

Goodson v. Mafco Holdings · filed 2005-07-08(5)

As calculated by the third method, plaintiff's average weekly wage is $417.06, which yields a compensation rate of $278.05. The fourth method involving a similar employee's wages is inappropriate considering that the third method does not yield unfair results and it is not impractical. N.C. Gen. Stat. § 97-2 (5).

When an employee worked fewer than 52 weeks and no similarly situated employee data is available, § 97-2(5) permits average weekly wage to be calculated by dividing the employee’s total wages by the weeks worked if the first three methods would be unfair to both parties.

Chaplin v. Koury Corporation · filed 2005-10-27(5)

As plaintiff worked less than 52 weeks preceding his injury and as there was no information regarding a similarly situated employee, the first three methods for determining plaintiff's average weekly wage found in N.C. Gen. Stat. § 97-2 would be unfair to both plaintiff and defendants and cannot be used for determining plaintiff's average weekly wage. Based upon the information contained on a completed Form 22, Wage Chart, plaintiff worked 16.3 weeks prior to his injury, earning a total of $9,359.00. Plaintiff's total wages divided by the number of weeks he worked yields an average weekly wage of $574.17, yielding a compensation rate of $382.79.

Section 97-2(5) permits average weekly wage to be calculated by dividing earnings during employment by the weeks and parts of weeks worked when the employee did not work full-time for the employer for 52 weeks before injury and that method is fair and just to both parties.

Yow v. Palm Harbor Homes · filed 2006-01-19(5)

Plaintiff was not employed full-time by defendant-employer for 52 weeks prior to her injury by accident on 8 September 2003; therefore, her average weekly wage may not be computed by dividing her wage by 52 weeks, making methods one and two as set forth in N.C. Gen. Stat. § 97-2 (5) inapplicable. A fair and just method to both parties to establish plaintiff's average weekly wage would be to divide the earnings during the period of plaintiff's employment by the number of weeks and parts thereof during which time plaintiff worked, the third method utilized in this statute.

Section 97-2(5) permits average weekly wage to be calculated by dividing total earnings by weeks worked when the employee did not work a full year and the preferred method would not yield a just result.

Eudy v. Michelin North America, Inc. · filed 2006-03-02(5)

Because the plaintiff did not work for a full year prior to his termination, determining his average weekly wage using the preferred method would not achieve just results. Determining the average weekly wage by taking the plaintiff's total income and dividing it by 40 weeks would provide a result which is fair and just to all parties.

When the usual methods do not fairly determine average weekly wage, Section 97-2(5) permits use of the fifth method based on the worker’s net income during weeks worked before injury.

Gainer v. Graebel Van Lines · filed 2006-07-03(5)

Because plaintiff reported income based on his gross earnings and expenses, the first method of calculating his average weekly wage under N.C. Gen. Stat. § 97-2 (5) is not accurate and fair. Also, methods two through four are inapplicable. The use of the fifth method of calculation is fair and just to both parties.

Section 97-2(5) permits average weekly wage to be calculated from a worker’s demonstrated part-time earning capacity when the worker has not shown an ability to maintain newly begun full-time work absent the injury.

McLeskey v. Sccs · filed 2006-08-18(5)

The Full Commission finds that plaintiff has failed to demonstrate by the greater weight of evidence that, as of October 25, 2002, plaintiff would have been able to maintain full-time employment but for her compensable injury. Accordingly, and in accordance with N.C. Gen. Stat. § 97-2 (5), the Full Commission calculates plaintiff's average weekly wage based on her demonstrated capacity for working 20 hours per week at $11 per hour.

When 52 weeks of earnings information are unavailable, § 97-2(5) permits average weekly wages to be fairly calculated from the agreed hourly rate, including a travel allowance paid as compensation in lieu of wages.

Kelly v. First Coast Cable Construction, Inc. · filed 1995-11-30(5)

Due to the unavailability of earnings information for the 52 weeks prior to plaintiff's injury, his average weekly wage is fairly and reasonably calculated to be $360.00 for a 40 hour week based on his employment agreement with defendant-employer establishing a rate of $9.00 per hour, including travel allowance, with a corresponding compensation rate of $240.12 per week. ... Plaintiff's average weekly wage based on his earnings and other compensation in lieu of wages paid to him by defendant-employer is $360.00. His compensation rate is $240.12 per week. N.C. Gen. Stat. § 97-2 (5).

Section 97-2(5) excludes travel allowances from average weekly wages to the extent they reimburse work-related expenses.

Denny v. Swift Transportation · filed 1997-03-12(5)

The travel allowance paid by defendant to plaintiff did not constitute wages to the extent that it reimbursed him for expenses while on the road.

Section 97-2(5) includes vehicle lease payments above actual vehicle expenses in average weekly wage, and use of a standard mileage deduction for taxes does not bar proof of actual operating expenses.

Cowan v. Pony express/borg Warner · filed 1998-07-21(5)

Lease payments to plaintiff by defendant in excess of plaintiff's actual expenses in maintaining the van are includable as income in calculating plaintiff's average weekly wage. Plaintiff's use of the standard mileage deduction to report vehicle expenses for income tax purposes does not bar him from presenting to the Commission evidence of his actual operating expenses.

Mileage reimbursement paid in lieu of wages must be included in calculating average weekly wage.

Chavis v. Tlc Home Health Care · filed 2004-04-01(5)

The amounts plaintiff was paid in mileage reimbursement over the 52-week period prior to the date of injury must be included in the calculation of the average weekly wage. N.C. Gen. Stat. § 97-2 (5).

Section 97-2(5) excludes per diem payments coordinated with actual business-related living expenses, rather than paid in lieu of wages, from an employee’s earnings.

Thompson v. Sts Holdings, Inc. · filed 2010-02-24(5)

The Full Commission therefore concludes that the per diem payments received by plaintiff were not made in lieu of wages, but instead were coordinated with plaintiff's actual business-related living expenses.

Section 97-2(5) excludes per diem payments from average weekly wages when the payments reimburse business expenses rather than being made in lieu of wages; whether they were made in lieu of wages is a question of fact.

Myres v. Strom Aviation, Inc. · filed 2017-09-05(5)

Because the Commission’s finding of fact that the per diem payments were not made in lieu of wages and its conclusion of law is supported by the findings, we affirm the order and award.

Allowances made to an employee in lieu of wages as part of the wage contract count as earnings.

Greenman v. Pony Express · filed 1996-07-02(5)

We first observe the Commission properly acknowledged that lease payments to plaintiff in excess of her actual expenses in maintaining her truck would be includable as income. See G.S. § 97-2(5) (“Wherever allowances of any character made to an employee in lieu of wages are specified part of the wage contract they shall be deemed a part of his earnings.”)

Section 97-2(19) covers expenses reasonably necessary to effect a cure, give relief, or lessen the period of disability from a compensable injury.

Hill v. Harborview Health Care · filed 1995-01-12(19)

Therefore, the operation to remove the instrumentation used in the fusion was not reasonably necessary to effect a cure, give relief or lessen a period of disability. ... Defendant is responsible for payment of all expenses incurred to effect a cure, give relief or lessen the period of disability from plaintiff's compensable injury. N.C. Gen. Stat. § 97-2 (19), 97-25 .

Medical compensation includes required vocational rehabilitation when it tends to effect a cure, give relief or lessen the period of disability from a compensable injury.

Woods v. Hidden Valley Transportation · filed 1995-01-12(19)

Defendants are to provide all medical compensation, including required vocational rehabilitation, to the extent it tends to effect a cure, give relief or lessen the period of disability from his 10 May 1991 compensable injury.

Medical compensation under § 97-2(19) covers treatment reasonably required to cure or relieve a compensable injury or lessen the resulting period of disability.

Beddingfield v. Henderson Company · filed 1995-04-25(19)

Plaintiff is entitled to have all medical compensation provided by defendant-employer as a result of her compensable injury on October 30, 1987, for so long as such examinations, evaluations, and treatments may reasonably be required to effect a cure, or give relief and will tend to lessen plaintiff's period of disability.

Section 97-2(11) treats weekly monetary benefits for the dependents or next of kin of a deceased working prisoner as compensation.

Blackmon v. North Carolina Department of Correction · filed 1995-05-16(11)

The statute now provides for payment of $30.00 per week to the dependents or next of kin of a deceased prisoner, which provision comports with the unamended statutory definition of compensation. See G.S. § 97-2(11) (1994).

Section 97-2(19) covers medical compensation reasonably required to effect a cure, give relief, or lessen the period of disability.

Arrington v. Perdue Farms, Inc. · filed 1995-06-13(19)

Plaintiff is entitled to have all medical compensation provided by defendant-employer as a result of his compensable injury on March 12, 1990, for so long as such examinations, evaluations, and treatments may reasonably be required to effect a cure, or give relief, and will tend to lessen plaintiff's period of disability.

Section 97-2(19) covers medical examinations, evaluations, and treatments reasonably required to effect a cure or give relief and tending to lessen the period of disability.

Keaton v. Cool Springs Lumber Company · filed 1995-08-22(19)

Plaintiff is entitled to have all medical compensation provided by defendant-employer as a result of his compensable injury on February 11, 1992, for so long as such examinations, evaluations, and treatments may reasonably be required to effect a cure, or give relief, and will tend to lessen plaintiff's period of disability.

Section 97-2(19) covers medical treatment necessary to give relief, effect a cure, or lessen disability resulting from a compensable injury.

Hastings v. North-South Textile Enterprise · filed 1996-05-23(19)

Consequently, plaintiff's treating physician of choice is authorized to pursue such course of treatment, inclusive of any of the referenced physicians' proposed surgeries, as said physician deems necessary and appropriate to give the plaintiff relief, effect a cure, or to lessen the period of disability for the consequences resulting from the plaintiff's compensable injury by accident. N.C.G.S. § 97-2 (19) and 97-25 .

Section 97-2(19) covers medical expenses for examinations, evaluations, and treatments that tend to effect a cure, give relief, or lessen the period of disability.

Philbeck v. Doran textiles/ora Mill Company · filed 1996-07-17(19)

Plaintiff is entitled to payment of all medical expenses incurred as a result of her injury on 17 April 1993 for so long as such examinations, evaluations and treatments tend to effect a cure, give relief or will tend to lessen her period of disability.

Section 97-2(19) covers medical treatment for a compensable injury while it tends to effect a cure, give relief, or lessen the period of disability.

Riley v. Family Dollar Stores, Incorporated · filed 1996-09-24(19)

Plaintiff is entitled to payment of all medical expenses incurred as a result of her injury on 1 October 1990 for so long as such examinations, evaluations and treatments tend to effect a cure, give relief or will tend to lessen her period of disability. N.C. Gen. Stat. § 97-2 (19); N.C. Gen. Stat. § 97-25 .

Section 97-2(19) covers medical treatment reasonably required to effect a cure, give relief, or lessen the period of disability.

Moore v. Jordan Lumber and Supply Company · filed 1996-10-08(19)

Medical treatment received by plaintiff as a result of his January 19, 1993 injury by accident was reasonably required to effect a cure, give relief, and/or will tend to lessen the period of plaintiff's disability.

Section 97-2(19) includes required vocational rehabilitation in medical compensation when it tends to effect a cure, give relief or lessen the period of disability.

Woods v. Hidden Valley Transportation · filed 1996-10-21(19)

Defendants are to provide all medical compensation, including required vocational rehabilitation, to the extent it tends to effect a cure, give relief or lessen the period of disability from his 10 May 1991 compensable injury.

Section 97-2(19) includes a recommended comprehensive rehabilitation program in medical compensation for a compensable injury.

Cooke v. P.H. glatfelter/ecusta · filed 1996-11-21(19)

Plaintiff is entitled to have defendant provide all medical compensation arising from this injury by accident including the comprehensive rehabilitation program recommended by Dr. Duffy and Dr. Manning. N.C. Gen. Stat. § 97-2 (19); N.C. Gen. Stat. § 97-25 .

Medical compensation includes reimbursement for travel mileage to doctor's appointments and work hardening.

Lambert v. W L Motor Lines, Inc. · filed 1997-03-13(19)

Plaintiff is entitled to have defendant provide all medical compensation arising from this injury by accident, including reimbursement for travel mileage for doctor's appointments and work hardening. N.C. Gen. Stat. § 97-2 (19); N.C. Gen. Stat. § 97-25 .

Section 97-2(6) covers gastrointestinal problems caused by medication prescribed for a compensable injury and significant aggravation of a preexisting condition from that medication.

Holmes v. Solon Automated Services · filed 1997-01-24(6)

2. As a result of the medications prescribed for treatment of plaintiff's compensable injury to his back plaintiff has developed gastrointestinal problems. N.C. Gen. Stat. § 97-2 (6). 3. As a result of the medications prescribed for treatment of plaintiff's compensable injury to his back plaintiff's pancreatitis condition has been significantly aggravated. N.C. Gen. Stat. § 97-2 (6).

A compensable work-related back injury does not extend to later disability caused wholly by an unrelated tumor.

Wilmoth v. Apc Building Products · filed 1997-04-07(6)

Plaintiff is not entitled to additional compensation as a result of the compensable injury of 27 August 1991, and the Order to stop payment of compensation is hereby AFFIRMED. Inasmuch as plaintiff's disability after 18 May 1992 is attributable to his non-work-related tumor, the Form 21 agreement to pay compensation for the temporary total disability caused by work-related back injury has been fully executed.

Section 97-2(19) covers medical expenses from a compensable injury while examinations, evaluations, and treatments tend to effect a cure, give relief, or lessen the period of disability.

Smith v. Carolina Food Processors · filed 1997-08-04(19)

Plaintiff is entitled to payment of all medical expenses incurred as a result of his back injury on 6 May 1994 for so long as such examinations, evaluations and treatments tend to effect a cure, give relief or will tend to lessen his period of disability. N.C. Gen. Stat. § 97-2 (19); N.C. Gen. Stat. § 97-25 .

Section 97-2(19) covers medical expenses for examinations, evaluations, and treatment that tend to effect a cure, give relief, or lessen disability.

Jones v. Avx Corporation · filed 1997-08-26(19)

Plaintiff is entitled to payment of all medical expenses incurred as a result of her change of condition on July 1, 1993 for so long as such examinations, evaluations, and treatments tend to effect a cure, give relief, or will tend to lessen her disability.

Section 97-2(19) does not classify a vehicle equipped with hand controls and a lift as a rehabilitation service, other treatment, or medical or surgical supply.

Whitfield v. Western Steer of North Carolina · filed 1997-07-16(19)

A vehicle equipped with hand controls and a lift is not a rehabilitation service, other treatment or a medical or surgical supply. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers medical treatment resulting from a compensable injury when the treatment tends to effect a cure, give relief, or lessen the employee’s period of disability.

McKeel v. James Finch Chevrolet, Inc. · filed 1997-12-08(19)

The plaintiff is entitled to have defendants provide for all medical expenses incurred or to be incurred, as a result of his injury by accident of February 13, 1991 to the extent said treatment tends to effect a cure, give relief or lessen plaintiff's period of disability.

Section 97-2(19) covers medical treatment for a work injury while it tends to effect a cure, give relief, or lessen the period of disability.

McKiver v. General Electric · filed 1998-01-21(19)

Plaintiff is entitled to payment of all medical expenses incurred as a result of her injury on June 29, 1993, for so long as such examinations, evaluations and treatments tend to effect a cure, give relief or will tend to lessen her period of disability. N.C. Gen. Stat. § 97-2 (19); N.C. Gen. Stat. § 97-25 .

A hot tub is not medical compensation under subsection (19) unless it is reasonably required to effect a cure, give relief, or lessen the period of disability.

Bowen v. Continental General Tire · filed 1998-02-26(19)

The hot tub purchased by plaintiff and his wife was not a medical supply or treatment reasonably required to effect a cure, give relief, or lessen the period of disability of the three percent (3%) permanent partial disability to plaintiff's back. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) covers injury-related medical expenses for as long as examinations, evaluations, and treatment tend to effect a cure, give relief, or lessen the period of disability.

Graves v. Parker's Drug Store, Inc. · filed 1998-03-16(19)

Plaintiff is entitled to payment of all medical expenses incurred as a result of her injury of 13 March 1990 for so long as such examinations, evaluations and treatments tend to effect a cure, give relief or will tend to lessen her period of disability. N.C. Gen. Stat. § 97-2 (19); N.C. Gen. Stat. § 97-25 .

Section 97-2(19) covers medical treatment reasonably necessary to effect a cure, give relief or lessen a period of disability from a compensable injury.

Hartzell v. Bryant Industrial Contractors, Inc. · filed 1998-03-18(19)

As a result of his injury by accident of January 28, 1992, plaintiff sustained injury to his neck and left shoulder, for which he incurred medical expenses for treatment rendered which was reasonably necessary to effect a cure, give relief or lessen any period of disability up until November 15, 1994, including the medical treatment rendered by Dr. Critoria and Dr. Phadke in 1993. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers medical treatment for a compensable injury, including treatment by an injured worker’s chosen physician and a recommended MRI.

Hernandez v. Bcs America, Inc. · filed 1998-05-29(19)

As a result of the admittedly compensable injury, the plaintiff is entitled to have the defendants pay for medical expenses incurred or to be incurred, including treatment provided by Arboretum Urgent Care, Drs. John Welshofer, Thomas Fox, Thomas Poventud Lopez and James A. Christensen. The approved medical treatment shall also include an MRI if such testing is recommended by Dr. Welshofer and a rating by Dr. Welshofer. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) covers medical expenses incurred or to be incurred for a compensable injury when needed to provide relief, effect a cure, or lessen the period of disability.

Bradley v. Vvp America, Inc. · filed 1998-05-29(19)

The plaintiff is entitled to have the defendants pay for medical expenses incurred, or to be incurred, as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability.

Section 97-2(19) covers medical examinations, evaluations, and treatments reasonably required to cure or relieve a compensable condition or lessen the period of disability.

Brooks v. Croft Metals · filed 1998-05-29(19)

Plaintiff is entitled to payment of all medical expenses incurred, or to be incurred by the Plaintiff as a result of her contraction of right hand pain and right extremity pain, so long as such examinations, evaluations and treatments may reasonably be required to affect a cure or give relief, or will tend to lessen Plaintiff's period of disability. N.C. Gen. Stat. § 97-59 ; N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers injury-related medical expenses, including treatment that tends to effect a cure, give relief, or lessen the period of disability.

Rivera v. Carobell Children's Home · filed 1998-06-03(19)

Plaintiff is entitled to payment of all medical expenses incurred as a result to her injury on 23 August 1993, including expenses incurred for treatment rendered by Dr. Suh, for so long as such examinations, evaluations and treatments tend to effect a cure, give relief or tend to lessen her period of disability.

Section 97-2(19) covers injury-related medical examinations, evaluations, and treatment for as long as they tend to effect a cure, give relief, or lessen the period of disability.

Moore v. City of Raleigh · filed 1998-07-01(19)

Plaintiff is entitled to payment of all medical expenses incurred as a result of his injury on 12 April 1994 for so long as such examinations, evaluations and treatments tend to effect a cure, give relief or will tend to lessen his period of disability. N.C. Gen. Stat. § 97-2 (19); N.C. Gen. Stat. § 97-25 .

Section 97-2(19) treats medical care that is reasonably necessary to relieve symptoms of a compensable injury, including prescribed physical therapy, as medical compensation.

Henderson v. Steelcase, Inc. · filed 1998-07-27(19)

The medical treatment rendered by Dr. Maloney beginning in February 1994 and continuing thereafter was reasonably medically necessary to give relief to plaintiff's muscle spasms and pain and said treatment will be so necessary in the future. ... Defendants are responsible for medical compensation for the treatment rendered and to be rendered by Dr. Maloney and they are responsible for reimbursing plaintiff for the amount she paid for physical therapy which Dr. Maloney ordered after October 1994. N.C. Gen. Stat. § 97-2 (19) and N.C. Gen. Stat. § 97-25 .

Section 97-2(19) covers medical expenses incurred or to be incurred for treatment and follow-up of erectile dysfunction caused by a compensable injury.

Hahn v. Food Lion, Inc. · filed 1998-09-02(19)

As a result of the admittedly compensable injury sustained on February 22, 1993, the plaintiff is entitled to payment of medical expenses incurred, or to be incurred, for treatment and follow-up for his erectile dysfunction. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers medical treatment for a condition caused by a compensable injury when the treatment is reasonably necessary to effect a cure or give relief.

Morningstar v. Buncombe County Schools · filed 1998-09-22(19)

Plaintiff's gastrointestinal problems are causally related to her compensable back injury and as such are compensable. Defendant is responsible for payment of all medical expenses which have been or may, in the future, be incurred for treatment which is reasonably necessary to effect a cure or give relief from such gastrointestinal problems.

Section 97-2(19) covers medical treatment reasonably necessary to effect a cure, give relief, or lessen a period of disability.

Pigford v. Pony Express Courier · filed 1998-12-31(19)

Defendants are responsible for payment of all medical expenses incurred or to be incurred by plaintiff as a result of her November 22, 1991 injury by accident for treatment which was or which may be reasonably necessary to effect a cure, give relief, or lessen any period of disability. N.C. Gen. Stat. § 97-2 (19), 97-25 .

Section 97-2(6) treats an injury sustained during physical therapy for a compensable work injury as a compensable consequence of that injury.

Brule v. Wake County · filed 1998-11-05(6)

The cervical injury plaintiff sustained during the course of physical therapy in April, 1994 is compensable as a consequence of plaintiff's admittedly compensable injury of December 15, 1993. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires later medical treatment to be causally related to the compensable injury by accident or to a material aggravation or acceleration caused by that injury.

Gosnell v. R. R. Connelly Sons · filed 1999-02-05(6)

The competent, credible, and convincing evidence of record fails to sufficiently support a finding that the employee-plaintiff's right total shoulder arthroplasty of May 13, 1997 was causally related to or materially aggravated or accelerated by his compensable injury by accident of January 25, 1994. N.C. Gen. Stat. § 97-2 (6).

Section 97-2(6) requires proof that a later medical condition was causally related to a compensable injury before that condition is covered.

Matthews v. Inco, Inc. · filed 1999-03-18(6)

Plaintiff has failed to prove by the greater weight of the evidence that his vascular problems were causally related to his compensable injury of September 26, 1995. N.C. Gen. Stat. § 97-2 .

Section 97-2 limits medical compensation to treatment required to effect a cure or give relief for conditions related to the compensable injury.

Peeler v. Piedmont Elastic, Inc. · filed 1999-04-06(19)

Defendants are obligated to pay only for treatments “required to effect a cure or give relief’ for conditions related to the compensable injury. N.C. Gen. Stat. § 97-2 (Supp. 1999).

Medical compensation under § 97-2(19) includes a functional capacity evaluation when it may provide relief, effect a cure, or lessen the period of disability.

Renfro v. Yancey Nursing Center · filed 1999-09-30(19)

Plaintiff is entitled to have the defendants pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability including a functional capacity evaluation. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) provides medical benefits for as long as treatment effects a cure, gives relief, or lessens the period of disability.

Farley v. Tailored Chemical Products, Inc. · filed 1999-12-14(19)

Plaintiff is entitled to receive medical benefits for so long as they continue to effect a cure, give relief and/or lessen plaintiff's period of disability. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers medical expenses incurred or to be incurred as a result of a compensable injury.

Guthrie v. Buncombe County Schools · filed 2000-03-13(19)

Plaintiff is entitled to have the defendant pay for medical expenses incurred or to be incurred as a result of her 27 February 1992 injury by accident. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) requires medical treatment to be reasonably necessary to effect a cure, provide relief, or lessen the period of disability to qualify as medical compensation.

Lackey v. Ithaca Industries · filed 2000-03-16(19)

Although the initial treatment by Dr. Asconape in 1994 was related to the cervical strain, it has not been established to have been reasonably necessary to effect a cure, provide relief or lessen the period of disability.

Section 97-2(19) covers medical expenses caused by a compensable injury when needed to provide relief, effect a cure, or lessen the period of disability.

Haigler v. Tyson Foods, Inc · filed 2002-01-18(19)

Plaintiff is entitled to have defendant pay for such medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability.

Section 97-2(19) covers reasonable home accessibility modifications and mobility aids that give relief or tend to lessen disability from a compensable injury.

Clark v. the Sanger Clinic · filed 2002-02-06(19)

Plaintiff is entitled to have defendants provide the following which are medical supplies and treatments which are reasonably required to effect a cure and or give relief to her and or will tend to lessen the period of her disability: a rollator walker, drawers or pull out baskets in all below counter cabinets in the kitchen, a handrail around three sides of the kitchen island counter, replacing of the existing toilet fixtures in the upstairs and downstairs bathrooms with higher models and installation of appropriate grab bars at the toilet sites and grab bars at existing shower entrance in upstairs shower, construction of a ramp into the house for ingress and egress, a chair glide to be used in the interior stairway, and a trapeze grip to assist in bed access and lumbar support for plaintiff's chairs. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers medical treatment for so long as it effectuates a cure, gives relief, or tends to lessen the period of disability.

Pollock v. Waspco Corporation · filed 2002-04-02(19)

Plaintiff is entitled to this treatment for so long as said treatment would effectuate a cure, give relief, or tend to lessen plaintiff's period of disability.

Section 97-2(19) covers fitness training services reasonably necessary to effect a cure, give relief, or lessen the period of disability from a compensable injury.

Hughes v. Reinicke Corporation, Inc. · filed 2002-05-02(19)

These services were reasonably necessary to effect a cure, give relief or lessen the period of disability resulting from plaintiff's injury at work on 8 January 1996, the compensability which has been previously established. ... Defendants are responsible for payment of the charges plaintiff incurred with Mr. Jefferson totaling $4,095.00. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) covers reasonably necessary treatment for a compensable injury when the treatment tends to effect a cure, provide relief, or lessen the period of disability.

Ruff v. Haywood County · filed 2002-05-21(19)

Subject to the limitations of N.C. Gen. Stat. § 97-25.1 , plaintiff is entitled to all medical expenses incurred by plaintiff for reasonably necessary medical treatment related his right arm injury sustained on October 10, 1998, for so long as such treatment tends to effect a cure, provide relief or lessen the period of disability.

Section 97-2(19) covers medical expenses incurred or to be incurred for a compensable injury when required to provide relief, effect a cure, or lessen the period of disability.

Harris v. Barbour Threads, Inc. · filed 2002-06-14(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) limits the medical compensation payable under an award made pursuant to § 97-25.

Johnson v. SOUTHERN TIRE SALES AND SERVICE · filed 2002-08-20(19)

Inherent in the Industrial Commission's award granted pursuant to N.C.G.S. § 97-25 is that the compensation will incorporate the parameters of N.C. Gen. Stat. § 97-2(19) (1999). Defendants were not required in the award to pay more than N.C. Gen.Stat. § 97-2(19) provides.

Section 97-2(19) limits medical compensation to treatment of the compensable injury.

Ahmed v. Holiday inn/pm Mgmt. Corp. · filed 2002-09-16(19)

Although Hyler v. GTE Products Co ., 333 N.C. 258 , 425 S.E.2d 698 (1993), provides that the employee does not have to establish a change of condition to require defendants to pay for medical care, the award of medical benefits is limited to the treatment of the compensable injury.

Section 97-2(19) covers medical compensation arising from a compensable injury when reasonably required to effect a cure, give relief, or lessen the period of disability.

McAllister v. Wellman, Inc. · filed 2002-11-19(19)

Plaintiff is entitled to have defendant provide for all medical compensation arising from his injury by accident that is reasonably required to effect a cure, give relief, or lessen the period of plaintiff's disability. N.C. Gen. Stat. §§ 97-2 (19), -25; Hyler v. GTE Products Co ., 333 N.C. 258 , 425 S.E.2d 698 (1993).

Medical compensation under § 97-2(19) may include a functional capacity evaluation when the treating doctor determines it appropriate.

McFarland v. Domino's · filed 2003-03-12(19)

Plaintiff is entitled to payment of medical expenses incurred or to be incurred as a result of the injury as may reasonably be required to effect a cure, provide relief, or lessen the period of disability, including a functional capacity evaluation when determined appropriate by Dr. Haglund. N.C. Gen. Stat. §§ 97-2 (19); 97-25 .

Section 97-2(19) covers medical treatment reasonably necessary to effect a cure, give relief, or lessen the period of disability.

Spell v. Pope Sons · filed 2003-05-14(19)

As a result of her compensable injuries sustained in the injury by accident, plaintiff received appropriate medical treatment that was reasonably necessary to effect a cure, give relief, or lessen the period of her disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers medical treatment reasonably necessary to effect a cure, give relief, or lessen the period of disability.

Williams v. Lucent Tech. · filed 2003-05-16(19)

As a result of her compensable lumbar and cervical spine injuries, plaintiff received medical treatment that was reasonably necessary to effect a cure, give relief, or lessen the period of her disability. N.C. Gen. Stat. §§ 97-2(19) and 97-25 .

Section 97-2(19) covers medical expenses required to provide relief, effect a cure, or lessen the period of disability resulting from a compensable injury.

Starnes v. Interstate Foam Supply · filed 2003-06-09(19)

Plaintiff is entitled to have defendant pay for medical expenses incurred or to be incurred as a result of her compensable injuries as may be required to provide relief, effect a cure or lessen the period of disability, including the treatment by Dr. Geissele and any treatment recommended by Dr. Geissele, HealthSouth Surgery Center, Western Piedmont Anesthesia and Catawba Memorial Hospital. N.C. Gen. Stat. § 97-2 (19).

Medical compensation covers treatment reasonably necessary to effect a cure, give relief, or lessen the period of disability.

McDonald v. U.S. Airways · filed 2003-07-28(19)

As a result of the injury by accident to her left foot, plaintiff received medical treatment that was reasonably necessary to effect a cure, give relief, or lessen the period of her disability.

Section 97-2(19) covers medical expenses for a compensable injury when needed to provide relief, effect a cure, or lessen the period of disability.

Hatley v. Freightliner Corp. · filed 2003-10-27(19)

Plaintiff is entitled to have defendant pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. §§ 97-2(19), 97-25 .

Section 97-2(19) covers medical treatment for conditions caused by a compensable injury when reasonably required to effect a cure, provide relief, or lessen the period of disability.

Workman v. Rutherford Elec. Membership Corp. · filed 2003-11-18(19)

Plaintiff is entitled to payment of medical expenses incurred or to be incurred as a result of the compensable injury as may reasonably be required to effect a cure, provide relief, or lessen the period of disability, including but not limited to providing plaintiff with treatment for the following: 1) right knee condition, 2) impotence, blood in urine, and problems with urination including a burning sensation upon urination and inability to control urination, and 3) depression. In addition, plaintiff is entitled to vocational rehabilitation services as set out in the North Carolina Industrial Commission Rules for Utilization of Rehabilitation Professionals in Workers' Compensation Claims. N.C. Gen. Stat. §§ 97-2(19); 97-25 .

Section 97-2(19) covers medical compensation reasonably required to effect a cure, give relief, or lessen the period of disability from a compensable injury.

Washington v. Aneco Elec. Constr. · filed 2003-12-11(19)

Plaintiff would benefit from medical compensation reasonably required to effect a cure, give relief, or lessen plaintiff's period of disability arising out of the admittedly compensable August 3, 2000, right shoulder injury. N.C. Gen. Stat. §§ 97-2(19) and 97-25 .

Section 97-2(19) covers medical treatment that serves to effect a cure, give relief, or lessen an injured worker’s disability.

Jeans v. Jhrg · filed 2004-02-02(19)

Plaintiff is entitled to have defendant pay for medical treatment if such treatment serves to effect a cure, give relief, or lessen plaintiff's disability.

Section 97-2(19) covers medical expenses for a compensable injury when treatment is required to provide relief, effect a cure, or lessen the period of disability.

Bowles v. Piedmont Wood Prod. · filed 2004-02-02(19)

Plaintiff is entitled to have defendant-North Carolina Forestry Mutual Insurance Company pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers medical expenses reasonably required to cure or relieve a compensable injury or lessen the period of disability.

Jeffreys v. Duke Univ. · filed 2004-02-25(19)

Plaintiff is entitled to payment of medical expenses incurred or to be incurred as a result of the compensable injury as may reasonably be required to effect a cure, provide relief, or lessen the period of disability. N.C. Gen. Stat. §§ 97-2(19); 97-25 , 97-59 .

Section 97-2(19) defines compensable medical treatment to include treatment designed to effect a cure, provide relief, or lessen the period of disability.

Vaughn v. Ithaca Indus. · filed 2004-03-19(19)

As a result of his compensable injury by accident, plaintiff is entitled to continue receiving appropriate medical treatment for his injuries, as defined by N.C. Gen. Stat. §§ 97-2 (19) and 97-25 . ... Defendants shall continue to provide payment of expenses for medical treatment for plaintiff's compensable injuries, for so long as said treatment is designed to effect a cure, provide relief and/or lessen his period of disability.

Section 97-2(19) includes medical expenses caused by a compensable injury when reasonably required to effect a cure, provide relief, or lessen the period of disability.

Coates v. Diversified Personnel Svcs. · filed 2004-03-26(19)

Plaintiff is entitled to payment of medical expenses incurred or to be incurred as a result of the compensable injury as may reasonably be required to effect a cure, provide relief, or lessen the period of disability.

Section 97-2(19) covers medical treatment resulting from a compensable injury when the treatment is designed to effect a cure, give relief, or lessen the period of disability.

Brantley v. American Nat. Can Co. · filed 2004-04-02(19)

Plaintiff is entitled to all medical treatment resulting from her compensable injury to the extent that such treatment is designed to effect a cure, give relief, or lessen this period of disability.

Section 97-2(19) covers medical evaluations and testing necessary to provide relief, effect a cure, or lessen the period of disability; further treatment must be needed for the compensable injury.

West v. Broyhill Furniture Indus. · filed 2004-04-15(19)

Defendants have paid for authorized medical treatment, including the extensive evaluations and testing that were necessary to provide relief, effect a cure, or lessen plaintiff's period of disability. There is no evidence plaintiff requires any further treatment for the lumbar strain. N.C. Gen. Stat. § 97-2 (19).

Medical treatment required to provide relief, effect a cure, or lessen the period of disability qualifies as medical compensation.

Puckett v. North Carolina Baptist Hosp. · filed 2004-04-28(19)

Defendant-employer shall pay for medical treatment prescribed by plaintiff's treating physicians, Dr. Egnatz and Dr. Curling that was required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. §§ 97-2(19), 97-25 .

Section 97-2(19) covers medical expenses required to provide relief, effect a cure, or lessen the period of disability from a compensable injury.

Haynes v. Auto Truck Transport Svcs. Corp. · filed 2004-05-07(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. § 97-2 (19). This includes the treatment by Dr. Winfield, therapy, testing, and the single evaluations by Dr. DuPuy and Dr. Barron. Plaintiff is not entitled to have defendants pay for any additional testing or treatment by Dr. Barron.

Section 97-2(19) covers medical treatment required to provide relief and effect a cure for an injured worker’s condition.

Warren v. N.C. Dept. of Agri. · filed 2004-06-11(19)

His treatment was and is required to provide relief and effect a cure for plaintiff's condition. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) provides for medical expenses that relieve or cure a compensable injury or lessen disability, but treatment of another condition requires competent medical evidence connecting it to that injury.

Seawell v. Glendale Hosiery · filed 2004-06-28(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. § 97-2 (19). However, there is no competent medical evidence to establish that plaintiff's depression was due to her carpal tunnel syndrome. Therefore, defendants are not liable for treatment of depression.

Section 97-2(19) covers medical expenses for a compensable injury when treatment may provide relief, effect a cure, or lessen the period of disability.

Labrie v. Corning · filed 2004-08-04(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability for the electric shock injury. N.C. Gen. Stat. §§ 97-2(19); 97-25 .

Medical compensation includes injections that would tend to effect a cure and give relief from a compensable knee injury.

Perez v. Culp · filed 2004-08-04(19)

Consequently, the injections would tend to effect a cure and give plaintiff relief from the knee condition she suffered as a result of her May 5, 2000 injury by accident. ... Plaintiff is entitled to have defendants provide all medical compensation arising from this injury by accident, including the injections recommended by Dr. Abda.

Section 97-2(19) covers medical expenses for a compensable injury when they are required to provide relief, effect a cure, or lessen the period of disability.

Turner v. Wal-Mart Stores · filed 2004-09-09(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers medical expenses for a compensable injury when treatment is required to provide relief, effect a cure, or lessen disability.

Strickland v. John Urban Constr. · filed 2004-09-17(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) covers reasonably necessary medical expenses that provide relief, effect a cure, or lessen the period of disability.

Lee v. Brian Ctr. · filed 2004-11-05(19)

Plaintiff is entitled to have defendant pay for all reasonably necessary medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. §§ 97-2 (19), 97-25 , 97-27 (2003).

Section 97-2(19) covers medical treatment reasonably required to effect a cure or give relief.

Williams v. Bernhardt Furniture · filed 2004-11-16(19)

Under the North Carolina Workers' Compensation Act, defendants generally have a right to direct medical treatment and the Act allows for medical treatment, which may reasonably be required to effect a cure or give relief.

Section 97-2(19) covers medical expenses caused by a compensable injury when needed to provide relief, effect a cure, or lessen the period of disability.

Budd v. Sprint North Supply · filed 2004-11-24(19)

Plaintiff is entitled to have the defendant pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability.

Section 97-2(19) covers continued medical treatment reasonably necessary to effect a cure, give relief, or lessen disability.

Owensby v. Drexel Heritage Furnishings · filed 2004-12-09(19)

Defendants are to continue to provide medical treatment as reasonably necessary to effect a cure, give relief or lessen her disability.

Section 97-2(19) covers medical expenses for treatment reasonably required to effect a cure, give relief, or lessen the period of disability.

Bradley v. Commonwealth Hosiery Mills · filed 2005-01-04(19)

Plaintiff is entitled to have defendants pay for plaintiff's medical expenses incurred or to be incurred regarding her carpal tunnel syndrome, for so long as such evaluations, examinations, and treatments may reasonably required to effect a cure, give relief, or lessen the period of plaintiff's disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers medical treatment reasonably required to effect a cure, give relief, or lessen the period of disability.

Johnson v. N.C. State Univ. · filed 2005-01-28(19)

Defendant shall pay for all medical expenses incurred or to be incurred by plaintiff as a result of this compensable injury when bills for same have been submitted to and approved by the Industrial Commission subject to statutory limitations, for so long as such evaluations, treatments and examinations may reasonably be required to effect a cure, give relief and/or lessen plaintiff's period of disability.

Section 97-2(19) covers medical expenses for a compensable injury when reasonably required to effect a cure, provide relief, or lessen the period of disability.

Bird v. Chaslevy Corp. · filed 2005-02-03(19)

Plaintiff is entitled to the payment of medical expenses incurred or to be incurred for her compensable right shoulder injury and cervical disc injury as may reasonably be required to affect a cure, provide relief, or lessen the period of disability. N.C. Gen. Stat. §§ 97-25 ; 97-2 (19).

Medical compensation covers expenses arising from a compensable injury that provide relief, effect a cure, or lessen disability; treatment of a pre-existing condition is not covered without evidence connecting it to the injury.

Morrison v. Frye Reg. Med. Ctr. · filed 2005-02-07(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. §§ 97-2 (19), 97-25 , 97-25.1 . However, as there is no competent evidence to causally relate plaintiff's pre-existing hypertension to the compensable injury, she is not entitled to have defendants pay for its treatment.

Section 97-2(19) covers medical expenses for a compensable condition when treatment is reasonably required to effect a cure, provide relief, or lessen the period of disability.

Spears v. Betsy Johnson Mem. Hosp. · filed 2005-02-14(19)

Plaintiff is entitled to payment of medical expenses incurred or to be incurred as a result of her headache and neck pain conditions as may reasonably be required to effect a cure, provide relief, or lessen the period of disability.

Section 97-2(19) covers medical expenses for a compensable injury that are required to provide relief, effect a cure, or lessen the period of disability.

Martinez v. Broyhill Furniture Indus. · filed 2005-06-27(19)

Plaintiff is entitled to have defendant pay for medical expenses incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability.

Section 97-2(19) covers medical expenses for compensable conditions when they are reasonably required to effect a cure, provide relief, or lessen the period of disability.

Driggers v. Central Church of God · filed 2005-07-12(19)

Plaintiff is entitled to payment of medical expenses incurred or to be incurred as a result of her compensable medical conditions as may reasonably be required to effect a cure, provide relief, or lessen the period of disability.

Section 97-2(19) covers medical and other treatment prescribed by a treating physician when reasonably intended to cure, reduce symptoms, give relief, or lessen disability related to a compensable condition.

Ellington v. Carolina Indep. Publications · filed 2005-07-12(19)

Plaintiff is entitled to all medical and other treatment prescribed by a treating physician that is reasonably intended to either effect a cure, reduce plaintiff's symptoms, give relief, or lessen the period of her disability that is related to her compensable injury or occupational disease and resulting chronic pain and psychological problems. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers medical expenses incurred because of a compensable injury when treatment may provide relief, effect a cure, or lessen the period of disability.

Pilkey v. a Cleaner World Mgmt. · filed 2005-09-12(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. §§ 97-2 (19); 97-25 .

Section 97-2(19) covers medical treatment reasonably necessary to effect a cure, give relief, or lessen the period of disability.

Perry v. Tyco healthcare/mallinkrodt · filed 2005-09-13(19)

The plaintiff has received medical treatment that was reasonably necessary to effect a cure, give relief, or lessen the period of her disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Medical compensation under subsection (19) includes qualifying treatment outside North Carolina, regardless of the employer’s expectation that the employee would file a claim elsewhere.

McGhee v. Bank of America Corp. · filed 2005-09-20(19)

Nothing in the definition limits the geographical locale of the medical treatment to North Carolina, nor does the definition create exceptions based upon an employer’s “impression” of a “presumed claim” in a foreign jurisdiction.

Section 97-2(19) covers necessary diagnostic testing and specialist evaluation for a compensable injury as medical compensation.

Packer v. Crestwood International, Inc. · filed 2005-10-04(19)

Plaintiff is entitled to the evaluation by a physiatrist of plaintiff's choosing including necessary diagnostic testing. ... Plaintiff is then entitled to prompt and timely authorization of appropriate medical treatment. N.C. Gen. Stat. §§ 97-2 (19); 97-25 ; Schofield v. The Great Atlantic Pacific Tea Company, Inc., 299 N.C. 582 (1980).

Section 97-2(19) covers medical expenses resulting from a compensable injury when treatment may provide relief, effect a cure, or lessen the period of disability.

Collins v. Unifi, Inc. · filed 2005-10-10(19)

Plaintiff is entitled to have defendant pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability.

Section 97-2(19) covers medical expenses for a compensable injury when they are required to provide relief, effect a cure, or lessen the period of disability.

Morris v. East Carolina Univ. · filed 2005-10-26(19)

Plaintiff is entitled to have defendant pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability, including the epicondyl release surgery recommended by Dr. Coles. N.C. Gen. Stat. §§ 97-2 (19), 97-25 , 97-25.1 .

Section 97-2(19) covers medical treatment reasonably necessary to effect a cure, give relief, or lessen the period of disability.

Davidson v. Sree Hospitality Group · filed 2005-10-26(19)

The plaintiff is entitled to medical treatment that was reasonably necessary to effect a cure, give relief, or lessen the period of her disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers medical expenses incurred or to be incurred for a compensable injury when needed to provide relief, effect a cure, or lessen the period of disability.

Garner v. American Airlines Corporation · filed 2005-10-27(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. §§ 97-2 (19), 97-25 , and 97-25.1 .

Section 97-2(19) covers medical treatment reasonably required to cure or relieve a compensable injury or lessen disability.

Hummer v. Gobain · filed 2005-11-10(19)

The medical treatment provided by Dr. Boyette was necessary to effect a cure, provide relief or lessen plaintiff's disability.Plaintiff is entitled to such medical treatment and supplies as may reasonably be required to effect a cure of or give relief from the medical condition resulting from the accident of December 1, 1999, including the treatment provided by Dr. Boyette. N.C. Gen. Stat. §§ 97-2 (19), 97-25 , 97-25.1 .

Section 97-2(19) covers medical expenses required to provide relief, effect a cure, or lessen the period of disability.

Vaughn v. Geodax Technology · filed 2005-11-10(19)

As a consequence of his left lateral epicondylitis and ulnar nerve compression, Plaintiff is entitled to have defendants pay for medical expenses incurred or to be incurred as a result of plaintiff's occupation disease as may be required to provide relief, effect a cure or lessen the period of disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers reasonably necessary medical expenses for treatment that effects a cure, gives relief, or tends to lessen the period of disability.

Queen v. Highway Express, Inc. · filed 2005-12-02(19)

Plaintiff is entitled to payment by defendants of all reasonably necessary medical expenses incurred by plaintiff for treatment of her occupational disease, so long as said treatment effects a cure, gives relief, or tends to lessen plaintiff's period of disability. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) covers related medical expenses for treatment reasonably necessary to effect a cure, give relief, or lessen the period of disability.

Parker v. Goodyear Tire Rubber Company · filed 2005-12-05(19)

Plaintiff is entitled to medical compensation for all related medical expenses incurred, or to be incurred, as a result of her right knee chondromalacia patella for so long as such treatment is reasonably necessary to effect a cure, give relief, or lessen the period of disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) defines medical compensation to include treatment reasonably required to cure or relieve a compensable injury; an award for medical compensation is limited to expenses reasonably related to that injury.

Queen v. PENSKE CORP. · filed 2005-12-06(19)

The Worker’s Compensation Act specifies that employers provide medical compensation, defined by the Act as: ... medical, surgical, hospital, nursing, and rehabilitative services, and medicines, sick travel, and other treatment, including medical and surgical supplies, as may reasonably be required to effect a cure or give relief and for such additional time as, in the judgment of the Commission, will tend to lessen the period of disability.... ... “[A]n award for medical compensation must be limited to medical expenses reasonably related to the employee’s compensable injury.” ... These excerpts from Dr. Petty’s deposition provide competent evidence which supports the findings challenged by defendants.

Section 97-2(19) covers medical expenses including replacement of a prosthetic eye, an audiology evaluation, and podiatry evaluation and care.

Sweat v. Coastal Vinyl Aluminum · filed 2005-12-08(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred or to be incurred, including but not limited to, the replacement of the prosthetic eye, the audiology evaluation, the podiatry evaluation and care.

Section 97-2(19) covers a medically necessary emergency generator that supplies heat and powers an injured worker's inflatable bed.

Edwards v. Bmwnc, Inc. · filed 2006-01-24(19)

Plaintiff is entitled to have defendants pay for an emergency generator sufficient to provide light and heat in plaintiff's bedroom and to power plaintiff's inflatable bed, which are medically necessary per doctor's orders. N.C. Gen. Stat. §§ 97-2 (19); 97-25 .

Section 97-2(19) covers medical expenses arising from a compensable injury when they are required to provide relief, effect a cure, or lessen the period of disability.

Kalvin v. Mastec North America · filed 2006-02-08(19)

Plaintiff is entitled to have defendant pay for medical expenses incurred or to be incurred as a result of the compensable injury as may be required to provide relief, effect a cure, or lessen the period of disability. N.C. Gen. Stat. § 97-2 (19).

Medical treatment necessary to effect a cure, give relief, or lessen the period of disability qualifies as medical compensation under § 97-2(19).

Barnes v. Chisholm Services · filed 2006-03-02(19)

The medical treatment plaintiff received was necessary to effect a cure, give relief and did tend to lessen plaintiff's period of disability. Plaintiff will need further medical treatment in the future. N.C. Gen. Stat. §§ 97-2 (19), 97-25.1 97-25 .

Section 97-2(19) covers medical treatment reasonably related to a workplace injury when it is needed to effect a cure, provide relief, or lessen the period of disability.

Mawyin v. Liberty Homes · filed 2006-03-15(19)

2. The plaintiff is entitled to receive medical treatment that is reasonably related to her injury by accident on August 28, 2003, which is necessary to effect a cure, provide relief or lessen the period of disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers medical expenses reasonably necessary to effect a cure, provide relief, or lessen the period of disability.

Fennell v. Piggly Wiggly Stores · filed 2006-03-30(19)

Plaintiff is entitled to have defendants pay for all medical expenses incurred and medical expenses to be incurred in the future as a result of her bilateral carpal tunnel syndrome and related hand condition, for so long as such treatment is reasonably necessary to effect a cure, provide relief and/or lessen her period of disability. N.C. Gen. Stat. §§ 97-2 (19); 97-25 .

Section 97-2(19) excludes expert witness fees from medical compensation when the expert provides no medical services to the injured employee.

Booker-Douglas v. J & S Truck Service, Inc. · filed 2006-06-20(19)

He did not provide medical services to Douglas. Expert witness fees are not mentioned in section 97-26, 97-90(a), or 97-2(19). Further, it would be inappropriate to interpret these provisions as being applicable to expert witness fees, given that the purpose of the provisions is to ensure that injured employees receive medical treatment, see N.C. Gen.Stat. § 97-26(a), and given that, in some circumstances, medical providers are permitted to negotiate a higher fee with a workers' compensation carrier, see N.C. Gen. Stat. § 97-26(b).