N.C. Gen. Stat. § 97-2

Section 97-2(19) covers past treatment properly prescribed in the hope of curing, relieving, or shortening disability even if the treatment ultimately fails to do so.

Abreu v. Kennametal, Inc. · filed 2006-07-31(19)

Because the Rolfing treatments plaintiff has received have not effected a cure, provided relief, or shortened the period of her disability, plaintiff is not entitled to have defendants pay for continued Rolfing treatments. N.C. Gen. Stat. §§ 97-2 (19); 97-25 . Nonetheless, because said treatments were properly prescribed in the hope and expectation of effecting a cure, providing relief, or shortening the period of plaintiff's disability, plaintiff is entitled to have defendants pay for Rolfing treatments received by plaintiff prior to the date of the hearing before the Deputy Commissioner.

Section 97-2(19) covers reasonably necessary evaluation and treatment by a pain specialist to relieve pain from a compensable injury.

Jackson v. Mission St. Joseph Health System · filed 2006-07-31(19)

Per the recommendations of Dr. Hoski, and considering plaintiff's subjective pain complaints, it is reasonably necessary to refer plaintiff to a pain specialist for further evaluation and assessment. Further surgical consultation is not necessary at this time, as plaintiff is not a surgical candidate. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) covers a spinal cord stimulator trial that would tend to effect a cure or give relief for an injured worker’s chronic pain condition.

Flippen v. Americraft Cartons · filed 2007-02-02(19)

Plaintiff is entitled to have defendants provide the spinal cord stimulator trial offered by Dr. Rauck, as it would tend to effect a cure or give relief for plaintiff's left upper extremity and chronic pain syndrome. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) makes further medical compensation depend on whether treatment would effect a cure, give relief, or lessen disability from the injury.

Hogan v. Terminal Trucking Co. · filed 2007-05-16(19)

No further medical treatment would tend to effect a cure, give the plaintiff relief, or lessen his disability from this injury. N.C. Gen. Stat. §§ 97-2 (19); 97-25 .

Medical compensation covers treatment for psychological conditions and high blood pressure caused by a compensable injury.

Bradshaw v. Southeastern Freight · filed 2007-05-24(19)

Plaintiff is entitled to payment by Defendants for medical treatment related to his compensable injury, including his psychological condition and high blood pressure. Dr. Derian, Dr. Harper, Dr. English and Dr. Bellard are approved as treating physicians for Plaintiff. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Medical compensation covers treatment of compensable conditions for as long as it is reasonably required to effect a cure, give relief, or lessen the period of disability.

Deason v. Owens-Illinois · filed 2007-07-12(19)

Plaintiff is entitled to all medical expenses incurred or to be incurred as a result of the compensable right elbow condition and the left shoulder condition that he developed by January 2005, for so long as such examinations, evaluations and treatments may reasonably be required to effect a cure, give relief or tend to lessen plaintiff's period of disability.

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

Skiba v. Wachovia Corporation · filed 2007-08-21(19)

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

Section 97-2(19) includes treatment for chronic pain as medical compensation when the treatment is reasonably required to effect a cure, give relief or lessen disability.

Wilkie-Fisher v. P.H. glatfelter/ecusta Divi. · filed 2007-08-27(19)

Plaintiff is entitled to medical compensation for her June 18, 1999 injury by accident to her right knee, including medical treatment for her chronic right knee pain to the extent that the treatment is reasonably required to effect a cure, give relief or lessen disability. N.C. Gen. Stat. §§ 97-2 (19); 97-25 .

Section 97-2(19) covers a functional capacity evaluation, medical treatment, and vocational rehabilitation when reasonably required to cure or relieve an injury or shorten the period of disability.

Adams v. Carroll Roofing Co. · filed 2007-08-31(19)

It is reasonable that plaintiff undergo an FCE. Further, plaintiff is in need of additional medical treatment to wean him off of narcotic pain medication and to otherwise improve his level of physical and mental functioning. It is also reasonable that plaintiff continue reasonable vocational rehabilitation to improve his prospects for obtaining suitable employment. The above treatment is reasonably required to effect a cure or give relief and will tend to lessen the period of disability and plaintiff is obligated to fully and completely cooperate with the above treatment. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers medical treatment for a compensable injury when it is required to provide relief, effect a cure, or lessen the period of disability, including further treatment recommended by the treating physician.

Cagle v. P.H. glatfelter/ecusta Div. · filed 2007-09-07(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 a return evaluation by Dr. Burke and any further treatment she might recommend. N.C. Gen. Stat. § 97-2 (19).

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

Rascoe v. Dollar General Corporation · filed 2007-10-17(19)

Defendants are required to provide plaintiff with reasonably necessary medical treatment related to her compensable shoulder injury that tends to effect a cure, provide relief, or lessen the period of disability.

Section 97-2(19) includes dentures, a Functional Capacity Evaluation, and vocational rehabilitation as medical compensation when reasonably required to effect a cure, provide relief, or lessen the period of disability.

Horan v. American Ornamental Ironworx · filed 2007-11-06(19)

Plaintiff is entitled to payment of medical expenses incurred or to be incurred as a result of his compensable medical conditions as may reasonably be required to effect a cure, provide relief, or lessen the period of disability, including, but not necessarily limited to, payment for dentures as directed by Dr. Carter as well as a Functional Capacity Evaluation and subsequent vocational rehabilitation. N.C. Gen. Stat. §§ 97-2 (19); 97-25 .

Section 97-2(19) covers medical expenses arising from a compensable injury, including future treatment reasonably required to cure, give relief, or lessen disability.

Hutchens v. Yadkin County Board of Edu. · filed 2007-11-06(19)

Plaintiff is entitled to payment by defendant of all medical expenses incurred or to be incurred as a result of his compensable injury by accident on August 9, 2002, for so long as such examinations, evaluations and treatments may reasonably be required to effect a cure, give relief or tend to lessen plaintiff's period of disability.

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

Gunter v. Cabarrus County Board of Education · filed 2007-11-08(19)

Plaintiff is entitled to all medical expenses incurred or to be incurred as a result of his compensable injury, for so long as such examinations, evaluations and treatments may reasonably be required to effect a cure, give relief or tend to lessen plaintiff's period of disability.

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

Lopez v. Streets Avenues Restaurants · filed 2007-12-04(19)

The plaintiff is entitled to receive medical treatment that 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. Furthermore, the Defendants are directed to provide the medical treatment recommended by Dr. Hines.

Medical compensation includes pool therapy that reasonably provides relief from an injured worker’s pain.

Winders v. Edgecombe County Home Health Care · filed 2007-12-18(19)

Based upon the expert testimony and relevant case law, we hold that there is competent evidence in the record to support the Industrial Commission’s finding of fact that pool therapy is a com-pensable medical treatment or service.

Section 97-2(19) includes medical treatment reasonably required to effect a cure, give relief, or lessen disability for conditions caused or aggravated by a compensable injury.

Lewis v. N.C. Department of Corr. · filed 2008-01-02(19)

Since plaintiff's urologic, kidney, neuropathy, cardiovascular, podiatry, hypertension, cholesterol, and glaucomic conditions were caused or aggravated by his diabetic condition, which has been found to have been caused by or aggravated by plaintiff's original compensable injury, defendants shall provide medical treatment as may be reasonably required to effect a cure, give relief, or lessen plaintiff's disability.

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

Reynolds v. Nucor Steel · filed 2008-01-29(19)

Plaintiff is entitled to all medical expenses incurred or to be incurred as a result of his compensable injury, for so long as such examinations, evaluations and treatments may reasonably be required to effect a cure, give relief or tend to lessen plaintiff's period of disability.

Section 97-2(19) covers reasonably necessary medical treatment that tends to effect a cure or give relief from a compensable condition.

Norman v. Maxon Furniture · filed 2008-02-01(19)

Defendants are responsible for providing all reasonably necessary medical treatment for plaintiff's left shoulder impingement, which would reasonably tend to effectuate a cure or give relief from his condition. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

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

Ferrell v. Wal-Mart Stores, Inc. · filed 2008-02-06(19)

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

Section 97-2(19) includes medical expenses for treatment reasonably required to cure, relieve, or lessen the period of disability caused by a compensable injury.

Carter v. Unifi, Inc. · filed 2008-02-13(19)

Plaintiff is entitled to all medical expenses incurred or to be incurred as a result of her compensable injury, for so long as such examinations, evaluations and treatments may reasonably be required to effect a cure, give relief or tend to lessen plaintiff's period of disability. Dr. Curling is designated as plaintiff's treating physician. N.C. Gen. Stat. §§ 97-2 (19); 97-25 .

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

Knight v. Allegheny Technologies, Inc. · filed 2008-02-21(19)

Plaintiff is entitled to payment by defendant of all medical expenses incurred or to be incurred as a result of his compensable injury, for so long as such examinations, evaluations and treatments may reasonably be required to effect a cure, give relief or tend to lessen plaintiff's period of disability, including psychological treatment and medical treatment already provided by Dr. Gerger following the Deputy Commissioner's hearing.

Section 97-2(19) covers reasonable treatment for chronic pain and aggravated pre-existing depression when the treatment tends to effect a cure, give relief, or lessen disability.

Overton v. Nissan · filed 2008-02-27(19)

As a result of Plaintiff's compensable injury on 1 June 1998, Plaintiff is entitled to have Defendants provide all reasonable medical treatment related to her back injury, chronic pain and aggravated pre-existing depression including, but not limited to, pain management and long term psychiatric/psychological treatment recommended by Dr. Rice and Dr. Harbin to the extent that said treatment tends to effect a cure, give relief or lessen her disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers a king size orthopedic bed when it is reasonably necessary to effect a cure, provide relief, or lessen the period of disability.

Boyle v. Noranda Finances · filed 2008-07-24(19)

Plaintiff is entitled to a king size orthopedic bed pursuant to the recommendations of his treating physicians, specifically Dr. Bockenek, as it is reasonably necessary to effect a cure, provide relief or lessen the period of plaintiff's disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Subsection (19) requires a claimant seeking a wheelchair as medical compensation to establish that it is medically necessary because of the compensable injury.

Cole v. Catawba Valley Community College · filed 2008-07-25(19)

Plaintiff has failed to establish that the wheelchairs prescribed by Dr. Pence are medically necessary because of the injury sustained on November 24, 2003. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) includes chiropractic care for reasonably related cervical and thoracic pain when the treatment is reasonably required to effect a cure, give relief, or lessen disability.

Clinton v. Hood Packaging Corp. · filed 2008-09-11(19)

Plaintiff is entitled to have Defendants pay for medical treatment incurred or to be incurred that is reasonably required to effect a cure, give relief, or lessen the period of Plaintiff's disability, including the chiropractic care for Plaintiff's reasonably related cervical and thoracic pain by Dr. Burch. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers reasonably necessary medical care for a work injury, including treatment of a condition caused by that injury.

Lankford v. Dreams Unlimited · filed 2008-10-06(19)

Defendants are responsible for providing all reasonably necessary medical care related to Plaintiff's injury by accident, including treatment for his fibromyalgia. N.C. Gen. Stat. § 97-2 (19); Click v Pilot Freight Carriers, Inc. , 300 N.C. 164 , 265 S.E.2d 389 (1980).

Section 97-2(19) includes pool therapy, related memberships or fees, and restorative dental care as medical treatment for a compensable injury.

Bray v. Lyons Hosiery · filed 2008-12-03(19)

Plaintiff is entitled to have defendants pay for all medical treatment incurred or to be incurred by plaintiff as a result of his admittedly compensable injury of March 9, 1998. This treatment includes, but is not limited to, pool therapy and any applicable memberships or fees necessary therefore, and restorative dental care. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers reasonable injury-related psychiatric and pain clinic treatment required to effect a cure, give relief, or lessen disability.

Bricker v. Rhoney Furniture House · filed 2008-12-09(19)

Plaintiff is entitled to have Defendants pay for all reasonable medical/psychiatric expenses incurred or to be incurred as a result of her July 24, 1999 work injury, for so long as such medical/psychiatric treatment may be required to effect a cure, to give relief, and/or to lessen Plaintiff's period of disability, including, but not limited to, continuing psychiatric treatment by Dr. Kenneth Laurence Leetz, as well as the pain clinic treatment recommended by Dr. Hansen.

Section 97-2(19) treats mileage for medical treatment and related out-of-pocket costs as reimbursable medical compensation.

Dixon v. Sears, Roebuck Co. · filed 2009-03-11(19)

Plaintiff is entitled to reimbursement by defendants for his mileage for medical treatment and for out of pocket expenses, including but not limited to co-payments and prescription reimbursements. N.C. Gen. Stat. § 97-2 (19), 97-25 .

Section 97-2(19) covers additional medical care for depression exacerbated by a compensable work injury.

Hallman v. N.C. Department of Correction · filed 2009-03-31(19)

Plaintiff has established that he requires additional medical care for the depression that was exacerbated by the injury of January 26, 2004. N.C. Gen. Stat. §§ 97-2 (19) 97-25 .

Section 97-2(19) includes medically beneficial attendant care by family members as medical compensation when competent evidence supports the need for that care.

Boylan v. Verizon Wireless · filed 2009-11-17(19)

Next, defendants argue that the Commission erred by awarding plaintiff attendant care services as there was no competent medical evidence demonstrating that these services were necessary to effect a cure, provide relief, or lessen the period of plaintiff’s disability. We disagree. ... Under North Carolina General Statutes, section 97-2(19), ... The term “medical compensation” means medical, surgical, hospital, nursing, and rehabilitative services, and medicines, sick travel, and other treatment, ... 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 .... ... The Commission concluded that “[t]here is sufficient credible evidence of record upon which to conclude that Plaintiff benefited [sic] medically from the attendant care services provided to her by Ms. Misty Boylan, Ms. Regina Locklear, and Mr. Nathan Locklear.” Upon review of the record, we hold there exists competent evidence to support the Commission’s findings, and the findings support its conclusions of law.

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

Brown v. Western North Ca. Comm. Health Servs. · filed 2010-03-02(19)

The treatment Plaintiff has received and continues to be required for her pain disorder is reasonably required to effect a cure, to give relief, and/or to lessen her period of disability. Plaintiff is thus entitled to have Defendants provide her with mental health treatment, including, but not limited to psychological counseling, work hardening, and/or psychiatric treatment for her pain disorder and depression. N.C. Gen. Stat. §§ 97-2 (19); 97-25 .

Section 97-2(19) includes psychological and urological evaluations, and treatment found reasonably related to a compensable injury, within medical compensation.

Villafranco v. Low Tech Inv. · filed 2010-03-08(19)

Plaintiff is entitled to have defendants provide the psychological and urological evaluations as recommended by Dr. Meloy, plaintiff's authorized treating physician. Plaintiff is entitled to have defendants provide and pay for any treatment that is found to be reasonably related to plaintiff's injury by accident. N.C. Gen. Stat. §§ 97-2 (19); 97-25 ; 25.1.

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

Johnson v. N.C. Dept. of Community Colleges · filed 2010-05-06(19)

Defendant is obligated to pay bills for the medical treatment rendered or authorized by Dr. Clark, Dr. Baule, and Dr. Voos, as well as any such other medical treatment as may tend to effect a cure, give relief, or shorten the period of disability resulting from Plaintiff's injury by accident.

Section 97-2(19) covers medical treatment, diagnostic studies, and referrals provided or ordered by authorized treating physicians for a compensable injury.

Zimmerman v. Childress Winery, L.L.C. · filed 2010-05-10(19)

Plaintiff is entitled to have Defendants authorize and pay for medical treatment provided by Dr. Giduz and Dr. Liebelt, Plaintiff's authorized treating physicians, and recommended or ordered by Dr. Giduz and Dr. Liebelt, including diagnostic studies and referrals, and medical treatment provided by, recommended by or ordered by physicians to whom Dr. Liebelt and Dr. Giduz refer Plaintiff, pursuant to N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers reasonable specialist assessments for continuing pain from a compensable injury.

Clemons v. Tandem, Inc. · filed 2010-06-25(19)

Where Plaintiff has continued to experience subjective pain complaints, it was reasonable for her to seek assessment from specialists Dr. Lawrence Larabee and Dr. Scot Reeg, and Defendants should be responsible for payment for the same. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) includes sick travel within medical compensation.

Landers v. Variety Wholesalers, Inc. · filed 2010-07-13(19)

"Sick travel" fits under the definition of medical compensation.

Section 97-2(19) covers treatment for a preexisting knee condition materially aggravated by compensable falls when the treatment is reasonably required to effect a cure, give relief, or lessen disability.

Clark v. the Sanger Clinic · filed 2010-08-30(19)

Plaintiff's compensable falls have resulted in a material aggravation and acceleration of her preexisting bilateral knee osteoarthritis such that treatment for her knees, including right knee replacement, is compensable and shall be provided by defendants. N.C. Gen. Stat. §§ 97-2 (19), 97-25 ; Roper v. J.P. Stevens Co. , 65 N.C. App. 69 , 308 S.E.2d 485 (1983), disc. rev. denied , 310 N.C. 309 , 312 S.E.2d 652 (1984).

Section 97-2(19) does not treat an invalid life care plan as a compensable rehabilitative service.

Tinajero v. Balfour Beatty Infrastructure · filed 2010-09-13(19)

Defendants are not required to pay for Mr. Fryar's report, because the same does not constitute a valid "rehabilitative service" within the meaning of N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers a prescribed hospital bed, mobility scooter, and replacement walker when they tend to effect a cure, provide relief, or lessen disability.

Mehaffey v. King · filed 2010-08-18(19)

Plaintiff is entitled to have defendants pay for a hospital bed and a mobility scooter as recommended by his primary care physician, both of which will tend to effect a cure, provide relief or lessen his period of disability. Plaintiff is entitled to a replacement walker at defendants' expense upon request. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) covers treatment reasonably necessary to effect a cure, give relief, or lessen the period of disability, and the employer must pay for that treatment.

Hudson v. N.C. Department of Correction · filed 2010-09-23(19)

The treatment Plaintiff received through the Durham VA was reasonably necessary in order to effect a cure, to give relief, and/or to lessen his period of disability, and Defendant is obligated to pay for such treatment.

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

Soto v. Hickory Springs Manufact. · filed 2010-11-03(19)

The medical treatment Plaintiff received with respect to her right carpal tunnel syndrome and left shoulder conditions was reasonably necessary in order to effect a cure, to give relief, and/or to lessen her period of disability, and Defendants are obligated to pay for such treatment.

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

Leggett v. Aaa Cooper Transport. · filed 2010-11-03(19)

Plaintiff is entitled to payment by defendant of all medical expenses incurred or to be incurred as a result of his compensable injury, for so long as such examinations, evaluations and treatments may reasonably be required to effect a cure, give relief or tend to lessen plaintiff's period of disability, including treatment of his scars as deemed necessary by Dr. Park or his designee. N.C. Gen. Stat. §§ 97-2 (19); 97-25 .

Section 97-2(19) covers medical expenses for a compensable occupational hearing loss, including prescribed hearing aids and treatment reasonably required to cure, relieve, or lessen disability.

Ruffin v. Domtar Paper Company · filed 2010-11-04(19)

As a result of plaintiff's prolonged exposure to harmful noise in the workplace, constituting an occupational disease, plaintiff is entitled to payment by defendants of all medical expenses incurred or to be incurred as a result of his compensable occupational hearing loss, including the provision of any hearing aid devices which may be prescribed, for so long as such examinations, evaluations and treatments may reasonably be required to effect a cure, give relief or tend to lessen plaintiff's period of disability. N.C. Gen. Stat. §§ 97-2 (19), 97-25 , 97-59 .

Section 97-2(19) covers treatment reasonably necessary to effect a cure, give relief, or lessen the period of disability; further treatment is unavailable when it is not needed at that time.

Riggs v. Stanadyne Corporation · filed 2010-12-08(19)

The medical treatment Plaintiff received with respect to his August 5, 2008 work injury to his cervical spine was reasonably necessary in order to effect a cure, to give relief, and/or to lessen his period of disability, and Defendants are obligated to pay for such treatment. However, Plaintiff is not entitled to any further medical treatment for his cervical spine condition at this time.

Medical treatment is compensable when reasonably required to effect a cure, provide relief, or lessen the period of disability.

Hartwell v. Millercoors LLC · filed 2010-12-22(19)

Dr. Supple's treatment of Plaintiff's left shoulder condition has been reasonably required to effect a cure, provide relief and/or lessen the period of Plaintiff's disability related to said condition. ... Plaintiff is entitled to have Defendants pay for the medical treatment that she has heretofore received for her compensable left shoulder condition with and/or at the direction of Dr. Supple, including but not limited to diagnostic testing and imaging, surgery, physical therapy, prescriptions and mileage. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers medical expenses for a compensable injury so long as the treatment may reasonably effect a cure, give relief, or lessen the period of disability.

Roberson v. Wal-Mart Stores · filed 2010-12-28(19)

As a direct and proximate result of plaintiff's compensable March 3, 2007 work injury, plaintiff is entitled to all medical expenses incurred or to be incurred for her cervical spine injury for so long as such examinations, evaluations, and treatments may reasonably be required to effect a cure, give relief, or tend to lessen plaintiff's period of disability. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) does not require payment for ordinary housework as medical compensation when the services are not medically necessary because of the compensable injury.

Pitts v. Gateway Center School · filed 2011-01-06(19)

Although the Workers' Compensation Act allows, in certain circumstances, for the payment of attendant care to a claimant as medical compensation, the facts of the present case as well as the nature of the services requested by Plaintiff do not support a finding or holding that Plaintiff is entitled to attendant care. Scarboro v. Emery WorldWide Freight Corp. , 192 N.C. App. 488 , 665 S.E.2d 781 (2008). Whereas extraordinary and unusual expenses are embraced in the "other treatment" language of N.C. Gen. Stat. § 97-25 , ordinary necessities of life are to be paid from the statutory substitute for wages provided by the Workers' Compensation Act. Dereberry v. Pitt County Fire Marshall , 318 N.C. 192 , 347 S.E.2d 814 (1986); Timmons v. N.C. Dept. of Transportation , 123 N.C. App. 456 , 473 S.E.2d 356 (1996), aff'd per curiam , 346 N.C. 173 , 484 S.E.2d 551 (1997). In the instant case, the housework services requested by Plaintiff are not extraordinary and unusual expenses. Rather, they are ordinary expenses of life for Plaintiff, and therefore, are not payable by Defendant. N.C. Gen. Stat. §§ 97-25 ; 97-2 (19); 97-29 .

Section 97-2(19) covers a one-time orthopaedic evaluation when it is reasonably required to effect a cure, provide relief, or lessen disability from a work injury.

Stone v. Atlantic Dominion Distribution · filed 2011-02-04(19)

Upon consideration of the evidence presented and the briefs and oral arguments of counsel, the Full Commission concludes that a one-time evaluation by an orthopaedic surgeon is reasonably required to effect a cure, provide relief, and/or lessen Plaintiff's disability from his September 21, 2009 work injury and should be allowed.

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

Miller v. Ppg Industries · filed 2011-03-14(19)

The medical treatment Plaintiff received with respect to his asbestosis was reasonably necessary in order to effect a cure, to give relief, and/or to lessen his period of disability, and Defendant is obligated to pay for such treatment.

Medical treatment reasonably necessary to effect a cure, give relief, or lessen the period of disability is compensable medical treatment.

White v. Hall · filed 2011-03-14(19)

The medical treatment Plaintiff received with respect to her lateral and medial epicondylitis, carpal tunnel syndrome, and extensor carpi ulnaris tendonitis was reasonably necessary to effect a cure, to give relief, and/or to lessen her period of disability, and Defendants are obligated to pay for such treatment.

Section 97-2(19) covers authorized medical care for a compensable injury for as long as it is reasonably required to effect a cure, give relief, or lessen the period of disability.

Lancer v. Albemarle Hospital · filed 2011-03-23(19)

As a direct and proximate result of plaintiff's compensable injury by accident on November 14, 2005, plaintiff is entitled to payment by defendants of all medical expenses incurred or to be incurred for her back injury, including periodic visits with Dr. Spear and other authorized health care providers, for so long as such examinations, evaluations and treatments may reasonably be required to effect a cure, give relief or tend to lessen plaintiff's period of disability.

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

Lopez v. Prestage Foods, Inc. · filed 2011-04-04(19)

Plaintiff is entitled to further medical treatment for his compensable left shoulder condition as is reasonably required to effect a cure, provide relief and/or lessen the period of his disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Section 97-2(19) covers reasonably necessary medical treatment for a compensable injury, including a recommended assessment of a related shoulder condition.

Brooks v. Coastal Transport · filed 2011-04-04(19)

Having determined that Plaintiff's left shoulder complaints are causally related to his injury by accident of August 11, 2008, Defendants are responsible for payment for all reasonably necessary medical treatment for the same, including the assessment by Dr. Bahner and any further treatment that may be necessary. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) covers treatment reasonably required to cure, provide relief, or lessen disability, including future medical treatment for a compensable condition.

Hurley v. Wal-Mart Stores · filed 2011-05-04(19)

The treatment provided by Dr. Humble for Plaintiff's right knee condition has been reasonably required to effect a cure, provide relief, and/or lessen the period of Plaintiff's disability related to said condition. ... Plaintiff is entitled to have Defendants pay for the treatment he has received and for future medical treatment for his compensable right knee condition with or at the direction of Dr. Humble, including but not limited to diagnostic testing and imaging, surgery, physical therapy, prescriptions, injections, and mileage. 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.

Jones v. Lion · filed 2011-05-09(19)

The medical treatment Plaintiff received and continues to need with respect to his compensable occupational disease of right thumb carpometacarpal joint arthritis was reasonably necessary in order to effect a cure, to give relief, and/or to lessen his period of disability, and Defendant is obligated to pay for such treatment. Dr. De Araujo shall remain Plaintiff's authorized treating physician. N.C. Gen. Stat. §§ 97-2 (19), 97-25 , 97-25.1 (2010).

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

Collins v. Wal-Mart Stores · filed 2011-06-28(19)

Defendants are obligated to pay for all medical expenses incurred or to be incurred as a result of Plaintiff's compensable injuries for so long as such treatment and evaluations may reasonably be required to effect a cure, provide relief or lessen the period of his disability. This obligation includes approval and payment for medical treatment of Plaintiff's current back condition associated with the L4-L5 disc protrusion.

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

Snyder v. Goodyear Tire and Rubber Company · filed 2011-07-08(19)

As a direct and proximate result of Plaintiff's occupational disease of shoulder impingement syndrome and a right rotator cuff tear, Plaintiff is entitled to all medical expenses incurred or to be incurred for his right shoulder, for so long as such examinations, evaluations and treatments may reasonably be required to effect a cure, give relief or tend to lessen Plaintiff's period of disability.

Section 97-2(19) covers medical treatment necessitated by a compensable injury, including aquatic therapy and evaluation for further spinal cord stimulation.

Hale v. Lake Norman Cleaning Systems LLC · filed 2011-08-04(19)

Plaintiff is entitled to have Defendants provide all medical treatment, incurred or to be incurred, necessitated by the March 28, 2007 compensable accident, when bills for the same have been approved pursuant to Industrial Commission procedures. N.C. Gen. Stat. §§ 97-2 (19); 97-25 . This shall include aquatic therapy to be conducted during morning sessions in the North Charlotte or Lake Norman areas which are closer to Plaintiff's home than the downtown Charlotte location he has been attending. The medical treatment to which Plaintiff is entitled shall also include an evaluation with Dr. Rauck, and a repeat spinal cord stimulator procedure, if said procedure is recommended.

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

Novak v. Ems · filed 2011-08-05(19)

Plaintiff is entitled to have defendants pay for medical bills and 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 as in N.C. Gen. Stat. § 97-25.1 . N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) includes treatment needed to provide relief, effect a cure, or lessen disability from a compensable injury, including surgery, rehabilitation, and continuing pain management.

Smith v. Preformed Line Products Company · filed 2011-10-07(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, subject to the statute of limitations prescribed in N.C. Gen. Stat. § 97-25.1 , including the surgery recommended by Dr. Rose and subsequent rehabilitation, and continuing pain management as recommended by plaintiff's treating physicians. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) includes reasonably necessary treatment for compensable injuries among the medical expenses an employer must pay.

Perez v. Stanley Furniture Company, Inc. · filed 2011-11-02(19)

Defendants are responsible for payment of all medical expenses incurred or being incurred by Plaintiff for reasonably necessary medical treatment for both of his elbows and his left arm injuries, including the treatment rendered by Dr. Davis and Dr. Cammarata for Plaintiff's bilateral epicondylitis as well as radial tunnel syndrome. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

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

Novak v. Granville County Ems · filed 2011-11-03(19)

Plaintiff is entitled to have Defendants pay for medical bills and 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 as in N.C. Gen. Stat. § 97-25.1 . N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) provides for payment of medical expenses related to a compensable injury, including expenses already incurred and those to be incurred.

Mendoza v. Miller Long Co., Inc. · filed 2011-12-08(19)

As a result of his injury, Plaintiff is entitled to have Defendants pay all related medical expenses incurred, or to be incurred according to Commission procedures. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) defines medical compensation to include attendant care services prescribed by a health care provider authorized by the employer.

Saunders v. ADP TotalSource Fi Xi, Inc. · filed 2016-09-06(19)

N.C. Gen. Stat. § 97-2(19) specifically defines “medical compensation” to include “attendant care services prescribed by a health care provider authorized by the employer[.]”

The pre-2011 definition of medical compensation in § 97-2(19) governs injuries occurring before the 2011 amendment.

Hall v. U.S. Xpress, Inc. · filed 2017-12-05(19)

Moreover, the injury upon which plaintiff’s claim is based occurred in 2002, well before the 2011 amendment to the text of N.C. Gen. Stat. § 97-2(19). As a result, the earlier version of the statute governs our analysis of this issue.

Section 97-2(19) does not categorically exclude non-FDA-approved drugs from medical compensation; whether a treatment is reasonably required to effect a cure or provide relief is assessed in each case.

Davis v. Craven Cty. ABC Bd. · filed 2018-04-17(19)

Accordingly, we reject Defendants’ argument that non-FDA-approved drugs categorically fall outside the statutory definition of “medical compensation” because they are never reasonably required to effect a cure or provide relief.

Section 97-2(19) provides for payment of medical expenses caused by a compensable injury while reasonably required to effect a cure, give relief, and lessen disability.

Gray v. New Hanover Regional Medical Center · filed 1995-02-10(19)

Plaintiff is entitled to payment of all medical compensation expenses incurred as a result of her compensable injury of December 8, 1990, for so long as such may reasonably be required to effect a cure, or give relief, and will tend to lessen any period of disability. N.C.G.S. § 97-2 (19).

Section 97-2(19) covers medical compensation that may effect a cure, give relief, or shorten the period of disability resulting from a compensable injury.

Utter v. Eaton Corporation · filed 1995-03-16(19)

Plaintiff is entitled to medical compensation as may tend to effect a cure, give relief, or shorten the period of disability resulting from plaintiff's injury by accident of March 29, 1990.

Section 97-2(19) covers medical compensation arising from a compensable injury, but not treatment for an unrelated injury.

Lee v. Edmac Trucking Company, Inc. · filed 1995-04-04(19)

Plaintiff is entitled to have defendant provide all medical compensation arising from this injury by accident, but not from his back injury. N.C.G.S. § 97-2(19); G.S. 97-25.

Section 97-2(19) covers medical compensation for treatment arising from a compensable injury, but not treatment for unrelated conditions.

Carter v. Morgan Trucking, Incorporated · filed 1995-04-17(19)

Plaintiff is entitled to have defendants provide all medical compensation arising from this injury by accident. However, he is not entitled to have the treatment for his carpal tunnel syndrome and cervical spondylosis provided in that those conditions were not related to his injury. N.C.G.S. §§ 97-2(19),97-25.

Section 97-2(19) includes reasonable home nursing services, physical therapy, and vocational rehabilitation arising from a compensable injury within medical compensation.

Young v. L.A. Downey and Son, Inc. · filed 1995-06-01(19)

Plaintiff is entitled to have defendants provide all medical compensation arising from this injury by accident, including reasonable compensation for home nursing services rendered by Ms. Robertson, physical therapy and vocational rehabilitation. N.C.G.S. §§ 97-2 (19) and -25.

Section 97-2(19) covers medical care reasonably required to effect a cure, give relief, or lessen disability from a compensable condition.

Heffner v. Stonecutter Mills Corporation · filed 1995-09-06(19)

The credible evidence of record establishes that the treatment rendered to plaintiff by Drs. Dray, Maloney and Hamilton and the evaluation of plaintiff by Drs. Loomis and Maloney, were reasonably required to effect a cure, give relief or lessen the extent of plaintiff's disability related to bilateral carpal tunnel syndrome. ... Plaintiff is entitled to have defendants pay all medical compensation incurred, or to be incurred, as a result of her bilateral carpal tunnel syndrome. N.C.G.S. § 97-2(19); 97-59;Hyler v. GTE Products Corp., 333 N.C. 258, 455 S.E.2d 698 (1993).

Subsection 97-2(19) defines medical compensation to include rehabilitative services and other treatment reasonably required to cure, provide relief, or reduce disability.

Sanhueza v. Liberty Steel Erectors · filed 1996-06-04(19)

G.S. 97-2(19) defines “medical compensation” 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 . . . .”

Subsection 97-2(19) covers medical services reasonably necessary to provide relief from a compensable condition.

Rush v. Cedars of Clear Creek · filed 1996-08-19(19)

The medical compensation services rendered by Dr. Pearce were reasonably necessary to provide the plaintiff relief, within the meaning of N.C.G.S. § 97-2 (19), under the circumstances of this case.

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

Davis v. Hickory Chair, Company · filed 1998-10-13(19)

The plaintiff is entitled to have the defendant pay for medical expenses incurred as a result of the admittedly compensable right extremity injury, as may be required to provide relief, effect a cure or lessen her period of disability. N.C.G.S. § 97-2(19).

Section 97-2(19) defines medical compensation as authorized treatment reasonably necessary to effect a cure, provide relief, or lessen the extent of disability.

Ball v. Smokey Mountain Linen Co. · filed 1999-01-15(19)

The plaintiff is entitled to have the defendant provide all medical compensation arising from this compensable injury that is reasonably necessary to effect a cure, provide relief or to lessen the extent of the plaintiff's disability, and is authorized by the defendant or the Industrial Commission. N.C.G.S. §§ 97-2(19), -25.

Section 97-2(19) defines medical compensation to include reasonably necessary treatment that effects a cure, provides relief, or lessens disability.

Cobb v. Cross Creek Apparel · filed 2002-01-23(19)

Subject to the limitations of N.C.G.S. § 97-25.1, plaintiff is entitled to have defendants provide all reasonably necessary medical compensation arising from this injury by accident which tends to effect a cure, provide relief or lessen the period of disability, but excluding the treatment rendered by Dr. Tellis after authorization was withdrawn and any treatment by Dr. Robertson.

Section 97-2(19) covers medical expenses arising from a compensable injury, while treatment for preexisting conditions not proximately caused by the injury is excluded.

Ingram v. Elliott's Manor Rst Retirement Home · filed 2002-03-06(19)

Although defendants are liable for all medical expenses arising from decedent's back injury, they are not liable to pay for medical treatment for her diabetes, her coronary artery disease and her other preexisting health problems, which conditions were not a proximate result of her injury. N.C.G.S. § 97-2 (19) and N.C.G.S. § 97-25.

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

Foster v. U.S. Airways, Inc. · filed 2002-05-07(19)

In construing N.C.G.S. §§ 97-25 and 97-2(19), it appears that the Commission has discretion in determining whether a rehabilitative service will effect a cure, give relief, or will lessen a claimant’s period of disability.

Section 97-2(19) covers medical care arising from a compensable injury, including appropriate pain treatment, but does not cover an excessive increase in medication dosage.

Weatherman v. Winston Printing Company · filed 2002-07-02(19)

Plaintiff is entitled to have defendants provide all medical compensation arising from this injury by accident, including the past evaluation and treatment rendered at Piedmont Anesthesia and Pain Consultants save and except for prescription for Oxycontin to the extent that Dr. Martin's prescription exceeded the dosage previously recommended by Dr. Beavers.

Section 97-2(19) covers medical expenses for treatment that tends to cure or relieve an occupational disease or lessen the period of disability.

Bryant v. Brooks Brothers · filed 2002-08-29(19)

Plaintiff is entitled to payment of all medical expenses incurred as a result of her occupational disease, for so long as such treatment tends to effect a cure, give relief or will tend to lessen her period of disability. N.C.G.S. §§ 97-2(19), 97-25.

Section 97-2(19) covers medical treatment related to a compensable injury that is reasonably necessary to effect a cure or give relief.

Knowles v. D.H. Griffin Wrecking Co., Inc. · filed 2002-09-30(19)

Plaintiff remains entitled to continue receiving medical treatment related to his injury by accident that is reasonably necessary to effect a cure or give relief. N.C.G.S. §§ 97-2(19) and 97-25.

Section 97-2(19) limits medical compensation for hospital services to care reasonably required to effect a cure, give relief, or lessen disability.

Charlotte-Mecklenburg Hospital Authority v. North Carolina Industrial Commission · filed 1994-05-06(19)

We reject defendants’ interpretation of these provisions, and conclude that section 97-26 contains the correct measure for employer liability for hospital charges; the authority to approve hospital charges under section 97-90(a) is provided to ensure that hospitals do not provide services not reasonably required to effect a cure or give relief or tend to lessen the period of disability, and that hospital charges therefor do not exceed the prevailing community charge described therein.

Section 97-2(19) covers medical treatment that effects a cure, gives the worker relief or shortens the period of disability.

Patterson v. Markham D/B/A Markham Ass. · filed 1995-03-06(19)

Plaintiff is entitled to have paid by defendant Markham all medical compensation expenses incurred or to be incurred as a result of his injury by accident, including hospitalization at Wake Medical Center, treatment rendered by Dr. Leonard Nelson, physical therapy as prescribed by Dr. Nelson, and intensive physical therapy at Cape Fear Valley Medical Center and/or surgery as recommended by Dr. Nelson, so long as such treatment effects a cure, gives plaintiff relief or shortens the period of disability. N.C.G.S. §§ 97-25 and 97-2 (19); Hyler v. GTE Products Co., 333 N.C. 258,425 S.E.2d 698 (1993).

Section 97-2(19) covers medical treatment sought for recovery, rehabilitation, or relief from a compensable injury.

Shoemaker v. Creative Builders · filed 2002-06-04(19)

Thus, a plaintiff may choose his own physician provided he: (1) obtains the approval of the Commission within a reasonable time after such procurement; and (2) the treatment sought is for recovery or rehabilitation, or to “give relief.” N.C. Gen. Stat. § 97-2(19) (1999); Braswell v. Pitt County Mem. Hosp., 106 N.C. App. 1, 5, 415 S.E.2d 86, 88 (1992).

Section 97-2(18) includes treatment reasonably required to lessen disability, effect a cure, or give relief as medical compensation.

Whitfield v. Laboratory Corp. of America · filed 2003-06-17(18)

This competent testimony is sufficient to support the Commission’s findings that plaintiff required further medical treatment to provide relief. As stated above, employers are required to provide medical treatment when the treatment is reasonably required to lessen the period of disability, effect a cure, or give relief.

Section 97-2(19) includes continuing medical benefits that may effect a cure, give relief, or lessen the period of disability.

Brice v. Sheraton Inn · filed 1997-08-25(19)

As a result of her contraction of compensable occupational diseases, plaintiff is entitled to continuing medical benefits which may tend to effect a cure, give relief, or lessen her period of disability.

Section 97-2(19) covers continuing medical benefits for a compensable occupational disease when treatment may effect a cure, give relief, or lessen the period of disability.

Brice v. Sheraton Inn · filed 1999-01-19(19)

As a result of her contraction of compensable occupational diseases, plaintiff is entitled to continuing medical benefits which may tend to effect a cure, give relief, or lessen her period of disability.

Section 97-2(19) covers ongoing medical monitoring, treatment, and pain medication for a compensable injury.

Hunter v. Perquimans County Board of Education · filed 1999-07-15(19)

Plaintiff will need ongoing medical monitoring and treatment, including the use of pain medications. Defendant is responsible for payment for all such medical care. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) covers future treatment for an occupational disease as medical compensation when the treatment will give relief and lessen disability.

Anderson v. Carolina Medicorp, Inc. · filed 1999-09-13(19)

Such treatment will tend to give her relief and lessen her disability. ... Plaintiff is entitled to have defendants provide all medical compensation arising from this occupational disease, including future medical treatment.

Section 97-2(19) covers medical care reasonably required to cure or relieve a compensable injury or lessen the period of disability; continuing care must be shown to relate to that injury.

Russell v. Food Lion, Inc. · filed 2001-09-05(19)

Pursuant to N.C. Gen. Stat. § 97-2 (19) and § 97-25 , Plaintiff is entitled to medical care for his compensable June 1994 injury as may be reasonably required to effect a cure, give relief, and will lessen the time period for disability. The medical evidence is that Plaintiff's aggravation or exacerbation of his pre-existing spondylolisthesis had resolved and Plaintiff had returned to his pre-injury baseline on or before April 1996. Plaintiff, therefore, has not proven by the greater weight of the competent medical evidence of record that his continuing need for medical attention is related to and necessary for treatment of his June 1994 injury.

Section 97-2(19) covers medical care reasonably required to effect a cure, give relief, or lessen disability, including likely future care for an occupational condition.

Brackett v. Sgl Carbon · filed 2003-04-30(19)

Plaintiff is due medical compensation as was or may be reasonably required to effect a cure, give relief, or lessen plaintiff's disability. Plaintiff is likely to require medical attention as a result of his industrial exposure to coal tar pitch for some time into the future. N.C. Gen. Stat. §§ 97-2 (19), 97-25 and 97-25.1 .

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

Williams v. Truland Systems Corp. · filed 2003-05-15(19)

As a result of plaintiff compensable injury, plaintiff is entitled to future related medical treatment that is reasonably necessary to effect a cure, give relief or lessen the period of his disability. N.C. Gen. Stat. §§ 97-2(19) and 97-25 .

Section 97-2(19) includes continuing medical treatment and services reasonably required to effect a cure, give relief, or lessen the period of disability within medical compensation.

Lee v. Target Stores · filed 2003-06-09(19)

Plaintiff is entitled to continuing medical compensation for medical treatment and services as may reasonably be 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 a physiatrist evaluation and possible ongoing treatment when it is reasonable, necessary, and likely to benefit the injured worker.

Stoughton v. Corning · filed 2004-02-24(19)

It is reasonable and necessary, and plaintiff would likely benefit from, an evaluation and possible ongoing medical treatment with a physiatrist of her choosing, and she is entitled to the same. N.C. Gen. Stat. §§ 97-2(19) and 97-25 .

Section 97-2(19) allows continuing medical compensation when treatment will effect a cure, give relief, or lessen the period of disability; a claimant’s testimony about pain may support that need.

Lapidus v. Siemens Power Transmission · filed 2004-03-10(19)

Similarly, plaintiff's own testimony as to his pain can be considered in determining whether plaintiff should receive continuing medical benefits. In the present case, there is sufficient evidence of record to support plaintiff's need for continuing medical compensation 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) covers medical treatment reasonably necessary to effect a cure, give relief, or lessen the period of disability, including future treatment while the worker remains under care.

Manley v. Fleming of North Carolina · filed 2004-09-16(19)

As a result of his admittedly compensable injury by accident, plaintiff has received medical treatment that has been reasonably necessary to effect a cure, give relief, and/or lessen the period of his disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

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

Edmonds v. Data Gen. Corp. · filed 2005-05-05(19)

Plaintiff is entitled to future medical compensation, including the left knee revision surgery recommended by Dr. Vaughn, as reasonably required to effect a cure, give relief, or lessen the period of disability. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 .

Medical compensation includes treatment reasonably required to cure or relieve a compensable injury or lessen disability; future medical expenses must be directly related to the original compensable injury.

LaBRIE v. CORNING, INC. · filed 2006-02-21(19)

The Workers' Compensation Act further defines medical compensation 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[.] N.C. Gen. Stat. § 97-2(19) (2005). ... However, such future expenses must be directly related to the original compensable injury.

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

Gonzalez v. Grimes · filed 2006-04-24(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 but not limited to management of pain medications, injections, and surgery. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers prescribed medical treatment and care intended to effect a cure or give relief.

Cofield v. Duplin Manufacturing Company · filed 1996-08-06(19)

Pursuant to N.C.G.S. § 97-25 and N.C.G.S. § 97-2 (19), the plaintiff is entitled to further medical treatment and medical care prescribed for the plaintiff's bilateral carpal tunnel syndrome to effect a cure or give relief to the pain she continues to experience in her hands as a result of the bilateral carpal tunnel syndrome that she contracted in her employment with Springdale.

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

Bunn v. Fast Food Merchandisers, Inc. · filed 1996-09-24(19)

Plaintiff has established by the greater weight of the evidence that the additional medical treatment for which he is seeking approval would tend to effect a cure or give relief or lessen the period of his disability. Plaintiff proved that the defendant should be required to pay for these services pursuant to N.C.G.S. §§ 97-2(19) and 97-25.

Section 97-2(19) can cover treatment obtained through valid medical referrals to improve an employee’s condition.

Sanders v. Broyhill Furniture Industries · filed 1998-11-17(19)

Next, we consider whether the Industrial Commission erred in finding that plaintiff’s medical treatment was designed to effect a relief, give a cure, or lessen the period of disability. Defendant argues that plaintiff was not referred to some of his doctors by specialists and as a result, plaintiff’s treatment should not be considered “medical treatment” under G.S. 97-2(19). Defendant further argues that plaintiff had hip pain prior to the 17 December 1991 work injury. After careful review, we disagree. ... Because there was competent evidence to support the Commission’s finding of fact, the defendant’s assignment of error is overruled.

Section 97-2(19) covers reasonably necessary surgery that effects a cure or provides relief as compensable medical treatment.

Bradshaw v. Southeastern Freight · filed 2001-11-15(19)

Plaintiff is entitled to payment by defendants for the surgery recommended by Dr. T. Craig Derian which is reasonably necessary to effect a cure or provide relief of plaintiff's back symptoms. N.C.G.S. § 97-2(19); § 97-25.

Section 97-2(19) covers medical expenses reasonably required to provide relief, effect a cure, or lessen disability from a compensable injury, including treatment for temporary bladder dysfunction caused by prescribed pain medication.

Farmer v. Martin Roofing Services, Inc. · filed 1998-09-02(19)

The plaintiff is entitled to have the defendants pay for medical expenses incurred or to be incurred in the future as a result of his compensable injury for so long as the same may be reasonable required to provide relief, effect a cure or lessen the period of disability, including treatment for the temporary bladder dysfunction. However, the defendants shall not be liable for the treatment for the erectile dysfunction, as there is no competent medical evidence in the record to causally relate this condition to the plaintiff's compensable injury. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers medication that primarily treats a preexisting condition when it also mitigates pain from a compensable injury.

Clark v. Wal-Mart · filed 2002-01-31(19)

The prudent medical treatment includes medication which primarily treats the osteoporosis but also mitigates the pain associated with compression fractures, such as Miacalcin or Fosamax. N.C. Gen. Stat. §§ 97-2 (19), 97-25 ; Click v. Pilot Freight Carriers, Inc ., 300 N.C. 164 , 256 S.E.2d 389 (1980).

Section 97-2(19) includes pain treatment and vocational services as medical compensation that can give relief and lessen the period of disability.

Walker v. Lake Rim Lawn and Garden · filed 2003-01-27(19)

Both pain treatment and vocational services are considered medical compensation as defined in N.C. Gen. Stat. § 97-2(19), and are designed to “give relief and ... to lessen the period of disability . . . .” N.C. Gen. Stat. § 97-2(19) (2001). Therefore, until he has reached maximum vocational recovery, this plaintiff’s healing period is not yet at an end.

Section 97-2(19) provides medical compensation for treatment reasonably required to effect a cure or give relief, including pain management for a compensable injury.

Bare v. Cline Learning Center · filed 2003-09-23(19)

Ms. Bare is entitled to medical compensation for her compensable injury, not including treatment for her depression which pre-existed her compensable injury. Pursuant to N.C. Gen. Stat. § 97-2 (19), medical compensation is payable for treatment "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". Ms. Bare is in need of further medical treatment in the form of pain management.

Section 97-2(19) covers reasonably necessary pain management for neck pain caused by a compensable injury.

Taylor v. Wal-Mart Stores · filed 2004-06-28(19)

The medical evidence does show that plaintiff has some ongoing pain complaints in his neck related to his injury by accident of November 19, 1998. Plaintiff is entitled to reasonably necessary pain management for the same. N.C. Gen. Stat. § 97-2 (19).

Section 97-2(19) covers treatment and surgery needed to effect a cure or relieve pain from a compensable injury.

Hylton v. bridgestone/firestone · filed 2004-06-30(19)

Such treatment and surgery were necessary to effect a cure or relieve pain.

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

Carlyle v. Eastern Carolina Pain Mgmt. Ctr. · filed 2005-09-09(19)

Plaintiff is entitled to have defendants pay for medical expenses incurred as a result of the compensable injury which were reasonably required to provide relief, effect a cure or lessen the period of disability, including the treatment provided by Drs. Rodger and Mills, and Mr. Jarboe.

Section 97-2(19) covers reasonably necessary treatment, including physical therapy and pain management, when it effects a cure, gives relief, or tends to lessen the period of disability.

Jenkins v. Mill · filed 2005-10-28(19)

Plaintiff is entitled to payment by defendants of all reasonably necessary medical expenses incurred by plaintiff for treatment of his injuries, so long as said treatment effects a cure, gives relief, or tends to lessen plaintiff's period of disability, including physical therapy, and possible further treatment for back pain, including steroid injections and pain management. N.C. Gen. Stat. §§ 97-2 (19), 97-25 .

Section 97-2(19) covers medical care needed to relieve, cure, or shorten disability from a compensable injury, including surgery and pain management.

Byrd v. Ecofibers, Inc. · filed 2006-03-20(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, including but not limited to surgery and the medical management of pain.

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

Corpening v. Broyhill Furniture Industries · filed 2007-02-02(19)

Plaintiff has shown by the greater weight of the evidence that her continuing pain management requirements are directly related to the compensable injury by accident of March 22, 2004. N.C. Gen. Stat. §§ 97-2 (19) and 97-25 . Accordingly, 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, including the continuing treatment provided by Dr. Keverline, Dr. Bullard and Southeast Pain Care, and the treatment recommendations of Dr. Barron.

Section 97-2(18) requires an employee seeking compensation for a hernia to prove that a work accident or specific traumatic incident caused it; speculative medical evidence does not establish causation.

Hodgin v. Hodgin · filed 2003-08-05(18)

The record does not support a finding that plaintiff’s 9 February 1999 work related activity caused the hernia. The findings are insufficient to support a conclusion that plaintiff’s injury was caused by his work related activity on 9 February 1999. Plaintiff has failed to carry his burden of proving that his claim is compensable.

Section 97-2(18), construed liberally, permits compensation for a hernia supported by the Industrial Commission’s findings.

McMahan v. Hickey's Supermarket · filed 1974-12-04(18)

The facts found by the Commission make this employee’s hernia a compensable injury if G.S. 97-2(18) is given liberal construction with primary consideration being given to compensation for the injured employee.

Section 97-2(18) requires proof that a compensable hernia or rupture resulted from an injury by accident, appeared suddenly, and did not exist before the injury.

Strain v. Curtis Wright Flight Systems · filed 1996-02-20(18)

Plaintiff has failed to prove by the greater weight of the evidence that on or about October 7, 1991, he sustained a compensable injury by accident resulting in a hernia or rupture that appeared suddenly and did not exist prior to that date.

Section 97-2(18) requires a compensable hernia to appear suddenly, be accompanied by pain, immediately follow an accident, and not have existed before the accident.

Moore v. G. H. Hopkins Inc. · filed 1996-03-13(18)

In order to be compensated for a hernia, plaintiff must prove that (a) there was an injury resulting in a hernia or rupture, (b) that the hernia or rupture appeared suddenly, (c) that it was accompanied by pain, (d) that the hernia or rupture immediately followed an accident, and (e) that the hernia or rupture did not exist prior to the accident for which compensation is claimed.

Section 97-2(18) makes a hernia compensable without an accident when it arises out of and in the course of employment and directly results from a specific traumatic incident of assigned work.

Simmons v. Nu-Mode Manufacturing Company · filed 1996-04-26(18)

Provided, however, a hernia shall be compensable under this Article if it arises out of and in the course of the employment and is the direct result of a specific traumatic incident of the work assigned. ... The plaintiff did not sustain an accident at that time, but the hernia was the direct result of a specific traumatic incident of her duties. Therefore, the femoral hernia is compensable.

Section 97-2(18) permits compensation for a hernia when an accident immediately weakens or defects the organ wall, even if the protrusion develops later.

Coggins v. Bracken Associates · filed 1998-06-15(18)

In using the phrase "hernia or rupture," the legislature did not intend to limit compensation to those accidents immediately resulting in a full extension through the organ wall; rather, the statute allows compensation for an immediate defect in or weakening of the organ wall which later results in a protrusion.

Section 97-2(18) does not treat a rotator cuff injury as a hernia.

Gilbert v. Ethan Allen, Inc. · filed 1999-10-26(18)

The relief provided for a hernia under N.C. Gen. Stat. § 97-2 (18) is not applicable in this case. ... Therefore, plaintiff's rotator cuff injury is not of the type contemplated by the plain language of the statute.

Section 97-2(18) requires a compensable hernia to result from an injury, appear suddenly, immediately follow an accident or specific traumatic incident, and not preexist that accident.

Ambrose v. Tidewater Construction · filed 2001-09-28(18)

In order to recover compensation for a hernia, plaintiff must prove that (1) there was an injury resulting in hernia or rupture; (2) the hernia or rupture appeared suddenly; (3) the hernia or rupture immediately followed an accident or specific traumatic incident; and (4) that the hernia or rupture did not exist prior to the accident for which compensation is claimed.

Section 97-2(18) makes a hernia compensable only when the claimant proves an injury causing it, its sudden appearance immediately after an accident, and that it did not exist before the accident.

Galloway v. Nash Finch Company · filed 2002-01-11(18)

N.C. Gen. Stat. § 97-2 (18) requires that in order for a hernia to be compensable as an injury by accident arising out of and in the course of employment, in must be definitely proven that (1) there was an injury resulting in a hernia or rupture; (2) that the hernia or rupture appeared suddenly; (3) that the hernia or rupture immediately followed an accident; and (4) that the hernia or rupture did not exist prior to the accident for which compensation is claimed.

Section 97-2(18) requires proof that a hernia appeared suddenly and immediately followed, or was otherwise caused by, the workplace incident.

Hollifield v. Carolina · filed 2002-09-30(18)

Plaintiff has failed to satisfy his burden of proving that the left inguinal hernia which was diagnosed on February 23, 1999, immediately followed, or was otherwise caused by, the February 17, 1999 incident. N.C. Gen. Stat. § 97-2 (18). Additionally, plaintiff has failed to meet his burden of proving that the hernia appeared suddenly, as required by the Act. N.C. Gen. Stat. § 97-2 (18).

Section 97-2(18) requires a rupture for a compensable hernia; a weakness in the abdominal wall alone does not satisfy that requirement.

Davis v. Trc Staffing Svcs. · filed 2003-05-15(18)

Dr. Weatherly's opinion appears to be based on his definition of a hernia as being a weakness in the abdominal wall rather than a "rupture" as required by N.C. Gen. Stat. § 97-2 (18).

A work-related hernia qualifies as an injury by accident when it immediately follows a specific traumatic lifting incident.

Jones v. Dobson Mountaineer Elec. · filed 2004-06-30(18)

Plaintiff sustained an injury by accident as a direct result of a specific traumatic incident on June 24, 2002 when he lifted spools of wire at work and immediately thereafter developed two hernias. N.C. Gen. Stat. §§ 97-2(6) and 97-2 (18).

Section 97-2(18) requires a compensable hernia to immediately follow a work-related accident or result directly from a specific traumatic incident of assigned work.

Bondurant v. Estes Express Lines, Inc. · filed 2004-12-07(18)

The evidence reveals that plaintiff did not work for defendant after February 1998; therefore, plaintiff’s subsequent hernia could not have arisen immediately following a work-related accident or specific traumatic incident of the work assigned by defendant.

Section 97-2(18) requires proof that a claimed hernia resulted from an injury, appeared suddenly, immediately followed an accident or specific traumatic work incident, and did not exist before the accident.

Dutton v. Toolcraft, Inc. of Nc · filed 2005-12-16(18)

Pursuant to N.C. Gen. Stat. § 97-2 (18), in all claims for compensation for hernia or rupture, resulting from injury by accident arising out of and in the course of a claimant's employment, it must be proved to the satisfaction of the Industrial Commission: (a) that there was an injury resulting in hernia or rupture; (b) that the hernia or rupture appeared suddenly; (c) that the hernia or rupture immediately followed an accident, or is the direct result of a specific traumatic incident of the work assigned; and, (d) the hernia or rupture did not exist prior to the accident for which compensation is claimed.

Section 97-2(18) requires evidence that a claimed hernia appeared suddenly after the accident, did not previously exist, and resulted from the accident.

Seren-Gutierres v. Garcia Forest Service, LLC · filed 2006-03-02(18)

There is insufficient evidence from which to find that a hernia appeared suddenly after the accident, that the hernia did not exist previously or that the accident resulted in a hernia. ... Plaintiff has not proven that he suffered a compensable hernia as defined by N.C. Gen. Stat. § 97-2 (18).

Section 97-2(18) covers a hernia that develops suddenly and immediately from a work accident and did not exist before the accident.

Bowlin v. Cornerstone Realty Trust · filed 2006-09-27(18)

On September 26, 2003, plaintiff sustained an injury by accident arising out of and in the course of his employment with defendant-employer resulting in the sudden and immediate development of a right inguinal hernia, which did not exist prior to that date. N.C. Gen. Stat. § 97-2 (18).

A hernia is compensable under § 97-2(18) when it appears suddenly, immediately follows a specific traumatic incident, and did not exist before that incident.

Hinson v. Goodyear Tire Rubber · filed 2008-09-25(18)

Plaintiff's July 20, 2005 hernia appeared suddenly. ... Plaintiff's hernia immediately followed a specific traumatic incident on July 20, 2005. ... Plaintiff's July 20, 2005 hernia did not exist prior to the specific traumatic incident of July 20, 2005. ... Plaintiff sustained a compensable hernia on July 20, 2005. N.C. Gen. Stat. § 97-2 (18).

Section 97-2(18) provides disability benefits when a worker remains disabled after surgery for a compensable hernia.

Billings v. Ladd Furniture, Inc. · filed 2008-09-30(18)

In this case the greater weight of the evidence shows that plaintiff suffered disability following the surgical operation that he underwent to treat his compensable hernia. Plaintiff is therefore entitled to be paid disability benefits in accordance with the Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (18).

Section 97-2(18) covers a recurrent hernia caused by a workplace fall when it appears suddenly and immediately after the fall and meets the other statutory requirements.

Kenney v. Bk Coastal, LLC · filed 2010-09-03(18)

Plaintiff's slip and fall incident also caused a compensable "new" or recurrent hernia, which appeared suddenly and immediately following the fall and otherwise meets the requirements of N.C. Gen. Stat. § 97-2 (18); Bondurant v. Estes Express Lines, Inc . 167 N.C. App. 259 , 606 S.E.2d 345 (2004).

Section 97-2(18) makes a hernia compensable when it appears suddenly, immediately follows an injury by accident or specific traumatic incident, and did not exist beforehand.

Mercado v. Empire Distributors, Inc. · filed 2011-04-06(18)

For a hernia claim to be compensable a plaintiff must prove that (1) there was an injury resulting in a hernia or rupture, (2) the hernia or rupture appeared suddenly, (3) the hernia or rupture immediately followed an injury by accident or specific traumatic incident, and (4) the hernia rupture did not exist prior to the accident or specific traumatic incident.

Section 97-2(18) requires a compensable hernia to result from an injury by accident or a specific traumatic incident arising out of and in the course of employment.

Christy v. Westdale Asset Management · filed 2011-06-20(18)

On January 13, 2010, Plaintiff did not sustain an injury by accident and/or a specific traumatic incident arising out of and in the course and scope of his employment with Defendant-employer resulting in a hernia.

Section 97-2(18) requires a claimant seeking compensation for a hernia to prove that the hernia did not exist before the accident.

Kelly v. Ray of Light Homes, LLC · filed 2015-07-07(18)

Plaintiff failed to present evidence showing that her abdominal hernia did not exist prior to the accident for which compensation is claimed, as required by N.C. Gen.Stat. § 97-2(18).

Section 97-2(r) permits a hernia compensation finding when evidence of sharp pain followed shortly by swelling, together with a physician’s finding of hernia, supports the required findings.

Rice v. Thomasville Chair Co. · filed 1953-06-12(r)

A study of the record leaves the impression that the findings and conclusions are supported by the evidence. The crucial evidence is the plaintiff’s testimony that the incident was accompanied by a sharp pain in his groin followed shortly by a swelling, and the opinion given by Dr. McDonald that the impulse which he found upon his first examination was in fact a hernia.

Section 97-2(18) requires a claimant to prove that a hernia appeared suddenly after a work-related accident and resulted directly from a specific traumatic incident, rather than existing before the accident.

Ward v. Georgia-Pacific Corporation · filed 1998-08-21(18)

To establish a prima facie case for compensation for a hernia under the Workers' Compensation Act, Plaintiff must definitely prove that an injury resulting in hernia or rupture, appeared suddenly, immediately following a work-related accident. However, a hernia shall be compensable if it arises out of and in the course of the employment and is the direct result of a specific traumatic incident, which did not exist prior to the accident for which compensation is claimed. N.C.G.S. § 97-2(18).

An assault motivated at least in part by theft of an employer’s bank deposit arises out of and in the course of employment when the employee’s deposit duty increases the risk of assault and the task remains unfinished.

Benjamin v. Goodwill Industries · filed 1998-08-03(6)

Plaintiff's job responsibility for making a night bank deposit on behalf of the Defendant-employer placed her at an increased risk of assault from anyone who might try to steal the deposit bag. The deadly assault on Tonya White was an accident in that it was an unexpected event that interrupted White's work routine. The assault occurred before she could complete the task of making the bank deposit. Since the assault in this case was motivated, at least in part, by the assailant's desire to steal the bank deposit money, Tonya White's death on August 15, 1991 occurred as a result of an accident arising out of and in the course of her employment with Defendant-employer.

Section 97-2(6) requires an injury by accident arising out of and in the course of employment.

Kimbrell v. Brunswick-Coliseum Lanes · filed 1998-08-06(6)

On 1 April 1995, plaintiff did not sustain an injury by accident arising out of and in the course of his employment with defendant. N.C. Gen. Stat. § 97-2 (6).

Section 97-2 requires an injury to arise out of and in the course of employment to qualify as a work injury.

Emery v. Hatteras Yachts · filed 1998-09-01(6)

Plaintiff did not sustain an injury arising out of and in the course and scope of his employment with Hatteras Yachts.

An injury sustained during travel to perform assigned job duties can arise out of and in the course of employment.

Reed v. Action Security Services · filed 1998-09-18(6)

The injuries sustained by plaintiff in the accident which occurred on 3 July 1996, arose out of and in the course of his employment with defendant-employer that included the attendant risks of travel while performing the job duties assigned.