N.C. Gen. Stat. § 97-2

Disability requires proof that the work injury caused incapacity to earn pre-injury wages in the same or other employment.

Parker v. Parkdale Mills, Inc. · filed 2003-07-29(9)

In order to meet the burden of proving disability, plaintiff must prove that she was incapable of earning pre-injury wages in either the same or in any other employment and that the incapacity to earn pre-injury wages was caused by plaintiff's injury.

Disability requires inability to earn pre-injury wages in the same or any other employment because of the compensable injury.

Estate of Anderson v. Dana Corp. · filed 2003-09-25(9)

In order to meet the burden of proving disability, decedent must prove that he was incapable of earning pre-injury wages in either the same or in any other employment and that the incapacity to earn pre-injury wages was caused by decedent's injury. Hilliard v. Apex Cabinet Co. , 305 N.C. 593 , 290 S.E.2d 682 (1982). In the instant case no doctor took decedent out of work after his release to full-duty work without restrictions on December 29, 1998. Decedent failed to establish by the greater weight of the medical evidence that as a result of the compensable injury by accident he was incapable of work in any employment after January 5, 1999. N.C. Gen. Stat. §§ 97-2 (9), 97-29 ; Russell V. Lowes Product Distribution , 108 N.C. App. 762 , 425 S.E.2d 454 (1993).

Section 97-2(9) defines disability as an injury-caused inability to earn pre-injury wages in the same or other employment.

Braswell v. Goldsboro Building Supply Co. · filed 2003-07-30(9)

In order to meet the burden of proving disability, plaintiff must prove that he was incapable of earning pre-injury wages in either the same or in any other employment and that the incapacity to earn pre-injury wages was caused by plaintiff's injury. ... Plaintiff has met his burden to show that he continues to have disability.

Section 97-2(9) defines disability by diminished capacity to earn wages, rather than physical infirmity alone.

Baker v. Sam's Club · filed 2003-12-16(9)

Under the Workers’ Compensation Act, disability is defined by a diminished capacity to earn wages, not by physical infirmity alone. N.C. Gen. Stat. § 97-2(9) (1995).

Section 97-2(9) requires proof of lost wages or diminished wage earning capacity to establish disability resulting from an injury by accident.

Durham v. Dillard's · filed 2003-11-21(9)

Plaintiff has failed to prove by the greater weight of the evidence that she sustained any disability, in terms of lost wages or a diminished wage earning capacity, as a result of her injury by accident on November 22, 2000.

Section 97-2(9) requires an incapacity to earn wages to result from employment-related injury to qualify as disability.

Armstrong v. W.R. Grace Co. · filed 2003-12-05(9)

For the reasons set forth herein, plaintiff's incapacity to earn wages after 22 October 1992 was due to medical reasons unrelated to his employment. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) requires an employee claiming disability to prove that the work injury caused an inability to earn pre-injury wages in the same or other employment.

Belcher v. Horne Bros. Constr. · filed 2004-04-22(9)

In order to meet the burden of proving disability, plaintiff must prove that he was incapable of earning pre-injury wages in either the same or in any other employment and that the incapacity to earn pre-injury wages was caused by plaintiff's injury. Hilliard v. Apex Cabinet Co. , 305 N.C. 593 , 290 S.E.2d 682 (1982). In the present case, the plaintiff failed to prove that his ability to earn was impaired and continued to be impaired. N.C. Gen. Stat. §§ 97-2(9); 97-29 ; Russell V. Lowes Product Distribution , 108 N.C. App. 762 , 425 S.E.2d 454 (1993).

Section 97-2(9) concerns whether an employee remains disabled from working after reaching maximum medical improvement.

El Bey v. D.M. Bowman, Inc. · filed 2004-02-18(9)

As of July 18, 2000, plaintiff had reached maximum medical improvement and was no longer disabled from working. N.C. Gen. Stat. § 97-2 (9).

Section 97-2 treats a worker as disabled when a compensable injury leaves the worker unable to earn suitable wages, even if another condition also contributes to the incapacity.

Smith v. Kelly Springfield Tire Co. · filed 2004-04-08(9)

Moreover, even if plaintiff did not have diabetic neuropathy, he would still be incapable of earning suitable wages due to his admittedly compensable injury. ... As a direct result of the 27 June 1994 work-related injury, plaintiff became totally disabled beginning on 26 February 1999 and continuing. N.C. Gen. Stat. § 97-2 .

Section 97-2(9) requires proof that a work-related injury or occupational disease prevented the worker from earning pre-injury wages; a worker capable of some work who made no reasonable effort to find work did not establish disability.

Fariss v. Stroh Cos. · filed 2004-06-09(9)

In the case before us, the greater weight of the evidence of record fails to show that plaintiff was disabled during the period from the date he was laid off, August 6, 1999, until his first surgery on October 9, 2002. During this period, no doctor took plaintiff out of work, plaintiff was capable of some work but did not make a reasonable effort to look for work, and there is insufficient evidence of record that it would be futile for plaintiff to seek employment. N.C. Gen. Stat. § 97-2 (9); Russell v. Lowes Product Distribution, supra.

Section 97-2(9) defines disability as injury-caused incapacity to earn preinjury wages in the same or any other employment.

Brown v. Sanmina-Sci · filed 2004-08-04(9)

Due to the right foot injury she sustained on June 10, 2002, Plaintiff is incapable of earning the wages she was receiving at the time of her injury in the same or any other employment.

Section 97-2(9) defines disability as injury-caused incapacity to earn preinjury wages in the same or any other employment.

Barbour v. Regis Corp. · filed 2004-12-21(9)

N.C. Gen. Stat. § 97-2(9) (2003) defines disability as “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.”

Section 97-2(9) defines disability as injury-caused incapacity to earn preinjury wages in the same or other employment; medical evidence that the employee cannot work may establish it.

ABOAGWA v. RALEIGH LIONS CLINIC FOR BLIND · filed 2004-12-21(9)

North Carolina General Statute section 97-2 defines disability as the "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen.Stat. § 97-2(9) (2003). ... Because there was some medical evidence supporting the Industrial Commission's finding that Aboagwa was disabled and thus entitled to disability benefits, we affirm the Opinion and Award.

Disability under § 97-2(9) is an injury-caused inability to earn the employee’s preinjury wages in the same or any other employment.

Beaver v. Metrolina Greenhouses · filed 2005-01-12(9)

Under the North Carolina Workers' Compensation Act, "disability" (the opposite of "employability") is defined as the "incapacity because of injury to earn the wages which the employee was receiving at the time of the injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9) (1993).

Under § 97-2(9), a job modified for an injured worker that is not ordinarily available in the competitive job market does not establish the worker’s true ability to earn wages.

Baker v. Sam's Club · filed 2005-01-21(9)

The modified food demonstrator job held by plaintiff was modified by defendants to accommodate plaintiff's limitations in that that this jobs is not ordinarily available in the competitive job market. As such the modified food demonstrator job is not indicative of plaintiff's true ability to earn wages and is not suitable employment under the law. Accordingly, plaintiff has been totally disabled within the meaning of the Workers' Compensation Act since September 9, 1997, and continuing until such time as she returns to work in suitable employment at her pre-injury average weekly wage.

Section 97-2(9) requires a claimant to prove disability by showing an inability to earn the same wages as before the injury in the same or other employment.

Henderson v. Toyota · filed 2005-01-21(9)

In order to prove disability, the burden is on the plaintiff to show that she is unable to earn the same wages she had earned before the injury, either in the same employment or in other employment. ... Plaintiff has failed to establish disability pursuant to N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) defines disability as an injury-caused inability to earn pre-injury wages in the same or any other employment; the employee bears the burden of showing that inability.

Weatherford v. American National Can Co. · filed 2005-02-01(9)

Disability under the Workers’ Compensation Act is defined as “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9) (2003). The burden is on the employee to show that he is unable to earn pre-injury wages, either in the same employment or in other employment.

Disability under § 97-2(9) requires proof that the work injury diminished the employee’s capacity to earn wages.

Moore v. Badcock Home Furniture · filed 2005-05-16(9)

Plaintiff has otherwise failed to meet his burden of proving that he suffered any diminution in his capacity to earn wages and should be entitled to receive temporary partial disability benefits following his resignation from defendant-employer on April 18, 2002. Plaintiff made no effort to seek employment following his resignation from defendant-employer until taking a job with Joe's Old Fashioned Barbecue, Inc. on August 28, 2003. Even assuming that he sought other employment between April 18, 2002 and August 28, 2003, plaintiff provided no competent evidence that his inability to obtain employment during this time was a result of his injury by accident.

Section 97-2(9) defines disability by diminished capacity to earn wages rather than physical infirmity.

Taylor v. Carolina Restaurant Group, Inc. · filed 2005-06-07(9)

"Under the Workers' Compensation Act, disability is defined by a diminished capacity to earn wages, not by physical infirmity." ... Moreover, the record shows some competent evidence to support the Industrial Commission's findings that Ms. Taylor is totally disabled.

Section 97-2(9) requires a claimant to show that a work injury prevented earning pre-injury wages in the same or other employment.

Walters v. Cooper Kenworth, Inc. · filed 2005-06-07(9)

In order to meet the burden of proving disability, plaintiff must prove that he was incapable of earning pre-injury wages in either the same or in any other employment and that the incapacity to earn pre-injury wages was caused by plaintiff's injury.

Section 97-2(9) requires disability or inability to earn wages to be caused by the work injury.

Suggs v. Greenwood Group · filed 2005-07-15(9)

3. Any disability or inability to earn wages which plaintiff may now have was not caused by and is not related to his July 27, 2000 injury by accident. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) treats an employee as disabled when a compensable injury prevents the employee from earning wages.

Diener v. Prof. Employer Plans, Stonewood Tavern · filed 2005-09-07(9)

As a direct result of plaintiff's partial rotator cuff tear and tendinopathy, he was unable to earn wages from October 13, 2003 through November 19, 2003. N.C. Gen. Stat. §§ 97-2 (9); 97-29 .

Section 97-2(9) defines disability as injury-related incapacity to earn preinjury wages in the same or other employment; the claimant must prove the existence and extent of that incapacity.

Singletary v. North Carolina Baptist Hospital · filed 2005-10-18(9)

Section 97-2(9) of the North Carolina General Statutes defines a disability to mean “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9) (2003). ... As such, we are unpersuaded that the Commission erred by finding and concluding that Singletary had failed to prove disability after 2 May 2002.

Disability turns on the employee’s ability to earn wages in competitive employment; occasional tasks for a family business that do not show such earning capacity do not end disability.

Bolling v. B K Well Drilling, Inc. · filed 2005-12-08(9)

Based on the greater weight of the evidence, visiting drilling sites while mostly standing around and talking to the property owners about divining rods on one or two occasions, going to Lowe's to pick concrete for delivery on one occasion, and driving his truck to pull another truck out of the mud on one occasion, are not indicative of a return to wage earning capacity.

Section 97-2(9) requires proof that a work injury prevents the employee from earning pre-injury wages in the same or other employment to establish disability.

Wright v. Duke University · filed 2005-10-28(9)

In order to meet the burden of proving disability, plaintiff must prove that he was incapable of earning pre-injury wages in either the same or in any other employment and that the incapacity to earn pre-injury wages was caused by plaintiff's injury.

Section 97-2(9) treats an employee as disabled when a compensable injury leaves the employee incapable of earning wages in any employment.

Turlington v. US Airways, Inc. · filed 2005-11-28(9)

As a result of his neck injury of April 25, 1995 and continuing neck pain, Plaintiff was incapable of earning wages in any employment from December 2, 2002 through the date of hearing before the Deputy Commissioner and continuing and is entitled to temporary total disability compensation during said period.

Section 97-2(9) defines disability as an injury-caused inability to earn prior wages in the same or other employment; when a conclusive finding says the employee cannot work in any capacity, medical evidence must show inability to work in any employment.

Terasaka v. AT & T · filed 2005-12-06(9)

An employee injured in the course of her employment is disabled under the Act if the injury results in an "incapacity ... to earn the wages which the employee was receiving at the time of the injury in the same or any other employment." N.C. Gen.Stat. § 97-2(9) (2003). ... Thus, under the only Russell prong applicable on these facts, in order for plaintiff to meet her burden of proving disability, she had to produce medical evidence that she is physically or mentally, as a consequence of the work related injury, incapable of work in any employment.

Disability means diminished earning capacity, and an award for potential future disability requires findings supported by competent evidence.

Fontenot v. AMMONS SPRINGMOOR ASSOCIATES · filed 2006-02-21(9)

Under the North Carolina Workers’ Compensation Act, a disability is defined as “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9) (2005). Thus, the term “disability” refers to diminished earning capacity.

Disability under § 97-2(9) must result from the compensable injury; continuing disability caused by an unrelated condition is not legally cognizable.

Ward v. Mastec · filed 2006-02-10(9)

Additionally, plaintiff has reached maximum medical improvement in regards to his accepted right shoulder and/or elbow injuries and any alleged continuing disability is the result of a condition unrelated to the compensable injury of February 28, 2004. Accordingly, plaintiff does not suffer from any legally cognizable disability. N.C. Gen. Stat. § 97-2 (9).

Disability under § 97-2(9) requires an injury-caused inability to earn preinjury wages in the same or other employment; limits on returning to the former job alone do not establish total disability.

Hughes v. Frito Lay, Inc. · filed 2006-02-21(9)

In the context of workers' compensation, disability is defined as the "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2(9) (2005).

Section 97-2(9) requires a claimant seeking ongoing disability benefits to prove that the work injury continues to cause disability from work.

Brutsch v. American airlines/amr Corp. · filed 2006-02-21(9)

Plaintiff has failed to prove that she remains disabled from work due to her injury on November 22, 1999.

Section 97-2(9) treats disability from a compensable injury as ended when the employee can return to full duty work without restrictions.

Martin v. Adecco Franchisee · filed 2006-03-02(9)

Plaintiff reached maximum medical improvement from her compensable right lower extremity injury by 25 November 2003 and was capable at that time of returning to full duty work, without restrictions. ... Plaintiff's disability resulting from her compensable injury ended by 25 November 2003. N.C. Gen. Stat. §§ 97-2 (6); 97-2 (9).

Disability under subsection (9) covers periods when a compensable injury makes an employee unable to work.

Mills v. Steelcase, Inc. · filed 2006-03-21(9)

As a direct and proximate result of her September 21, 1998 compensable back injury, Plaintiff was disabled from work from December 21, 1999 until January 13, 2000, and from May 26, 2000 until November 15, 2000. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) defines disability as injury-caused loss of earning capacity rather than physical impairment alone.

Silva v. Lowe's Home Improvement · filed 2006-02-21(9)

The Act defines disability as “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9) (2003). Disability, therefore, is “the impairment of the injured employee’s earning capacity rather than physical disablement.”

Section 97-2(9) requires an employee seeking temporary total disability benefits after termination for misconduct to show that the work injury prevented earning wages in other employment.

Adams v. Frit Car, Inc. · filed 2006-05-22(9)

Plaintiff has failed to show by the greater weight of the evidence that his inability to find or perform suitable employment after his termination is due to his work-related injuries, except for the period from November 19, 2001 through March 27, 2002, for which he has been compensated. ... Except for the period from November 19, 2001 through March 27, 2002, Plaintiff has failed to establish an entitlement to temporary total disability benefits after February 19, 2001. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) requires wage earning incapacity to result from the work injury; loss of income caused by failure to maintain a required teaching license does not establish disability.

Wall v. Djj Dillon School · filed 2006-05-30(9)

Plaintiff has not established that she was disabled from work because of her injury for the periods from October 1, 2002, through December 29, 2002, and January 29, 2003, through October 28, 2004. N.C.G.S. §§ 97-2 (9), 97-29 , 97-30 . ... Plaintiff's loss of income was due to her failure to have the required teaching license, not because of her compensable injury.

Section 97-2(9) requires a compensable period of disability for disability compensation; a compensable injury alone does not establish such a period.

Jackson v. International Paper · filed 2006-06-09(9)

Plaintiff did not sustain a compensable period of disability, and defendants properly paid medical compensation without prejudice to later deny plaintiff's claim.

Section 97-2(9) governs continuing disability from a compensable injury; a worker who can earn the same or greater wages in competitive employment has not shown continuing disability.

Al-Darajy v. Becton Dickinson Co. · filed 2006-06-29(9)

The greater weight of the evidence establishes that, by the time of the filing of the Form 24 in this matter, the plaintiff was capable of earning the same or greater wages in competitive employment from a physical and mental perspective. ... The plaintiff has failed to show that his continues to be disabled as a result of his compensable injury by accident of August 22, 2000, as defined under the North Carolina Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) treats an injury-caused inability to earn preinjury wages in the same or any other employment as disability.

Hunter v. apac/barrus Construction Company · filed 2006-09-06(9)

The plaintiff does not have the capacity to earn the wages which he was receiving at the time of his injury in the same or any other employment as a result of his traumatic brain injury and has been and continues to be totally disabled under the North Carolina Workers' Compensation Act. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) treats a worker who can earn pre-injury wages as having no disability.

Riggins v. Nash Healthcare systems/nash General · filed 2006-10-25(9)

As the credible medical evidence shows, plaintiff is able to earn her pre-injury wages, and she has failed to meet her burden in proving disability beyond the seven-day waiting period. N.C. Gen. Stat. §§ 97-2 (9), 97-28 .

Section 97-2(9) defines disability by an injury-caused loss of ability to earn preinjury wages in the same or other employment; capacity for sedentary work alone does not resolve the extent of disability.

Outerbridge v. Perdue Farms, Inc. · filed 2007-01-02(9)

The Workers' Compensation Act defines "disability" as the "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment." N.C. Gen.Stat. § 97-2(9). ... But, it did not determine the extent of Plaintiff's disability because it failed to address whether, being capable of sedentary work only, Plaintiff is capable or incapable of earning the same wages he was earning at the time of his injury either in his same employment, or in other employment.

Once disability is established, it is presumed to continue until the employer rebuts that presumption with evidence that suitable jobs are available and the employee can obtain one, considering the employee’s individual circumstances.

Lanier v. C Construction Co. · filed 2007-01-10(9)

Once disability entitling injured employee to workers' compensation benefits has been established, the employee is cloaked in the presumption of disability, and the burden is on the employer to rebut that presumption, which the employer may do through medical and other evidence, including evidence that suitable jobs are available to the employee and that the employee is capable of getting one, taking into account the employee's age, education, physical limitations, vocational skills, and experience. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) defines disability as inability to earn wages in the same or other employment; a worker capable of earning pre-injury wages is not disabled merely because she chooses to attend school instead of working.

Cross v. Falk Integrated Tech. · filed 2007-02-02(9)

Disability under the Workers' Compensation Act is defined as an inability to earn wages in the same or other employment. ... The Full Commission finds that, while the plaintiff is entitled to chose not to conduct a job search while attending college, she was not disabled as defined by the Workers' Compensation Act and was not entitled to disability benefits after her March 19, 2002 release to return to work.

Section 97-2(9) defines disability as impairment of an injured employee’s earning capacity from a workplace injury rather than physical disablement.

Rodriguez-Carias v. Nelson's Auto Salvage · filed 2007-01-17(9)

Disability is defined by the Act as "the impairment of the injured employee's earning capacity [as a result of a workplace injury] rather than physical disablement." N.C. Gen. Stat. § 97-2 (9). Although plaintiff is capable of some work, employment would be futile because of his work restrictions, limited experience, education and a lack of suitable employment opportunities in Honduras.

Disability under § 97-2(9) may be established by inability to earn wages in any employment, considering the worker’s age, education, work experience, pain, transferable skills, and restrictions.

Stacy v. Whitley Prod. · filed 2007-02-05(9)

Considering his age, education, work experience, pain levels, lack of transferable skills, and restrictions, plaintiff has been unable to earn wages in any employment and has been totally disabled since July 21, 2003.

Under § 97-2(9), disability continues when a compensable injury and its resulting pain continue to disable the worker.

Willard v. R.E. McLean Tank Co. · filed 2007-04-27(9)

As a direct and proximate result of plaintiff's compensable injury to his back and his resulting back and leg pain, plaintiff remains disabled. N.C. Gen. Stat. § 97-2 (9).

Under § 97-2(9), current inability to find work does not establish permanent total disability when further education could greatly improve the worker’s employment prospects.

Eudy v. Michelin North America · filed 2007-04-24(9)

Plaintiff is not permanently and totally disabled. N.C. Gen. Stat. § 97-2 (9); Rusell v. Lowes Product Distr. , 108 N.C.App. 762 , 425 S.E.2d 454 (1993). Should plaintiff receive further education, either by obtaining a GED or by attending adult education classes, his opportunities for employment will increase greatly.

Section 97-2(9) treats an employee as disabled when a work injury prevents the employee from earning preinjury wages in the same or other employment.

Bradley v. Continental General Tire · filed 2007-05-30(9)

As of the date of the hearing before the Deputy Commissioner, Plaintiff is disabled within the meaning of N.C. Gen. Stat. § 97-2 (9). Under Russell v. Lowes Product Distribution , 108 N.C. App. 762 , 425 S.E.2d 454 (1993), The burden is on the employee to show that he is unable to earn the same wages he had earned before the injury, either in the same employment or in other employment.

Section 97-2(9) defines disability as an injury-caused inability to earn pre-injury wages in the same or any other employment.

Benz v. American airlines/amr Corp. · filed 2007-06-21(9)

Disability is the incapacity because of injury to earn the wages which the employee was receiving at the time of the injury in the same or any other employment.

Section 97-2(9) defines disability by an employee’s inability, due to a work-related condition, to earn the same wages in the same or other employment.

Hargrave v. Kentucky Derby Hosiery · filed 2007-06-28(9)

In the present case, beginning April 12, 2002 and continuing to the present, plaintiff has been unable to earn the same wages in the same or any other employment as she was receiving at the time of contracting her occupational diseases, except during the period of her trial return to work in late October 2003 through January 10, 2004.

Section 97-2(9) defines disability as an injury-caused inability to earn preinjury wages in the same or other employment; a worker who regains the capacity to earn at least those wages is no longer disabled under this definition.

Gibbs v. Emc · filed 2007-07-26(9)

Disability is defined by statute as the "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9). Plaintiff regained the capacity to earn the same or greater wages that he was earning at the time of the injury on May 15, 1995. Therefore, Plaintiff was not disabled within the meaning of N.C. Gen. Stat. § 97-2 (9) after May 15, 1995 and is therefore not entitled to benefits pursuant to either N.C. Gen. Stat. §§ 97-29 or 97-30 .

Section 97-2(9) includes an employee who remains unable to work because of a compensable injury within total disability.

Meares v. Dana Corporation · filed 2007-08-01(9)

The plaintiff has been totally disabled since June 18, 2001, and continues to be totally disabled until he returns to work or until further order of the Commission. N.C. Gen. Stat. §§ 97-2 (9) 97-29 ; Taylor v. Margaret R. Pardee Mem'l Hosp. , 83 N.C. App. 385 , 389 , 350 S.E.2d 148 , 151 (1986).

Section 97-2(9) permits a finding of total disability after a layoff when an injury prevents the worker from obtaining a job in the competitive labor market.

Britt v. Gator Wood, Inc. · filed 2007-09-04(9)

Thus, the fact that plaintiff was laid off does not preclude a finding of total disability if, because of plaintiff’s injury, he was incapable of obtaining a job in the competitive labor market.

Section 97-2(9) requires proof that a compensable disease caused the claimant’s disability to receive indemnity compensation.

McDaniel v. Continental Tire · filed 2007-09-18(9)

Plaintiff is not entitled to any indemnity compensation, as he has not shown that he is disabled as a result of his compensable disease. N.C. Gen. Stat. § 97-2 (9).

Disability under § 97-2(9) is incapacity caused by injury to earn preinjury wages; an employee capable of some work can establish it by showing that age, inexperience, or lack of education makes seeking other employment futile.

Pack v. HAPPY RENTZ, INC. · filed 2007-10-02(9)

Under the North Carolina's Workers' Compensation Act, "[t]he term `disability' means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment. " N.C. Gen. Stat. § 97-2(9) (2005) (emphasis supplied). ... Plaintiff carried his burden to prove he is entitled to permanent total disability through "the production of evidence that he is capable of some work but that it would be futile because of preexisting conditions, i.e., age, inexperience, lack of education, to seek other employment." Russell, 108 N.C. App. at 765, 425 S.E.2d at 457.

Section 97-2(9) treats an employee as totally disabled when a compensable injury prevents her from earning pre-injury wages, including periods for which she used sick and annual leave.

Mankes v. Unc-General Administration · filed 2007-11-13(9)

As a result of plaintiff's injury by accident on October 23, 2002, she has been totally disabled from pre-injury employment at pre-injury wages during various periods of time when she used sick and annual leave and continuously from September 30, 2003, through the date of hearing and continuing. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) defines disability as injury-caused incapacity to earn the wages the employee received at the time of injury in the same or any other employment.

Berryhill v. Timken Co. · filed 2007-11-15(9)

Disability, within the North Carolina Workers' Compensation Act, means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment. N.C. Gen. Stat. § 97-2 (9).

Disability under § 97-2(9) requires an injury-related inability to earn wages; inability caused by failure to cooperate with vocational rehabilitation does not satisfy it.

Greene v. Triad Building Materials · filed 2007-12-14(9)

Having considered all of the evidence of record, the greater weight of the evidence establishes that plaintiff has failed to meet his burden of proving he remains totally disabled. After October 28, 2002, plaintiff's inability to earn wages is not a result of his compensable injury by accident or related injuries, but is rather due to his non-cooperation with reasonable vocational rehabilitation efforts.

Section 97-2(9) treats an employee as disabled when the employer fails to show that the employee has regained the capacity to earn the wages received at the time of the occupational disease.

M.C. Davis v. Browning Ferris Industries · filed 2008-01-31(9)

Because Defendant has failed to show that Plaintiff has regained the capacity to earn the wages which Plaintiff was receiving at the time he sustained an occupational disease to his right knee, Plaintiff must be deemed disabled pursuant to N.C. Gen. Stat. § 97-2 (9).

Disability requires an inability to earn preinjury wages in the same or other employment because of a compensable injury.

Cullifer v. McLane Company · filed 2008-03-05(9)

In order to meet this burden, a claimant must demonstrate each of the following three elements: (1) an incapacity after the injury of earning the same wages earned prior to the injury in the same employment; (2) an incapacity of earning the same wages earned prior to the injury in any other employment; and (3) that the incapacity to earn wages is causally related to a compensable injury.

An employee unable to work because of a compensable occupational disease is totally disabled under § 97-2(9) for that period.

Walters v. Goodyear Tire · filed 2008-02-01(9)

As a result of his compensable occupational disease, plaintiff was totally disabled from February11, 2005 until May 24, 2005 and is entitled to disability benefits in the amount of $703.44 per week during the period of his total disability, subject to the twenty-five (25%) attorney's fee awarded herein and subject to the stipulated seventy-five (75%) credit for Sickness Accident benefits paid during that period of time.

Section 97-2(9) defines disability by the injured employee’s reduced capacity to earn wages, rather than by physical impairment alone.

Johnson v. City of Winston-Salem · filed 2008-02-05(9)

Consequently, determination of whether a worker is disabled focuses on the injured employee’s diminished capacity to earn wages, rather than upon his physical impairment.

Section 97-2(9) defines disability as an injury-caused incapacity to earn preinjury wages in the same or any other employment.

Montgomery v. Bekaert Textiles USA, Inc. · filed 2008-02-07(9)

An employee injured in the course of his employment will only be deemed disabled under the Workers' Compensation Act if their injury results in an "incapacity . . . to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. §§ 97-2 (9), 97-31 ; Russell v. Lowes Products Distribution , 108 N.C. App. 762 , 765 , 425 S.E.2d 454 , 457 (1993).

Disability under § 97-2(9) is a loss of wage earning capacity caused by a compensable injury.

Hoyle v. Fresenius Medical Care · filed 2008-02-19(9)

Plaintiff has the burden of proving disability which is defined as a loss of wage earning capacity. ... Plaintiff was totally disabled from her compensable injury by accident from April 10, 2006, and continuing to until she returned to work. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) defines disability as an injury-caused inability to earn preinjury wages in the same or other employment.

Adams v. Winston-Salem · filed 2008-03-17(9)

Disability is defined as the "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." Johnson v. Southern Tire Co. , 358 N.C. at 707 ; N.C. Gen. Stat. §§ 97-2 (9), 97-29 .

Section 97-2(9) defines disability as an injury-caused inability to earn the wages the employee received at the time of injury in the same or any other employment.

Clayton v. Mini Data Forms · filed 2008-04-22(9)

Disability within the North Carolina Workers' Compensation Act means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment. N.C. Gen. Stat. § 97-2 (9).

Disability under § 97-2(9) depends on diminished capacity to earn wages because of injury, rather than physical impairment alone.

Cross v. Falk Integrated Technologies, Inc. · filed 2008-05-06(9)

“Disability” is defined by a diminished capacity to earn wages, not by physical impairment.

Section 97-2(9) defines disability as an injury-caused inability to earn pre-injury wages in the same or any other employment.

Carroll v. Grading · filed 2008-06-10(9)

Disability is defined as the "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." Johnson v. Southern Tire Co. , 358 N.C. at 707 ; N.C. Gen. Stat. §§ 97-2 (9), 97-29 .

Section 97-2(9) treats an employee’s inability to earn preinjury wages because of a work injury as a disability, including when physical and vocational limitations make seeking other work futile.

Roset-Eredia v. F.W. Dellinger, Inc. · filed 2008-05-20(9)

We further hold that finding of fact 56 is supported by finding of fact 53, that plaintiff was unable to earn the wages he was earning before his injury, and that this constituted a disability within the meaning of N.C. Gen. Stat. § 97-2(9).

Section 97-2(9) treats inability to earn wages caused by a compensable occupational disease as disability.

Duffy v. Hanesbrands, Inc. · filed 2008-06-10(9)

As a direct and proximate result of plaintiff's compensable occupational disease of carpal tunnel syndrome, plaintiff was unable to earn any wages from June 18, 2005 and continuing and thus is entitled to temporary total disability compensation at the rate of $704.00 per week. N.C. Gen. Stat. §§ 97-2 (9); 97-29 .

Section 97-2(9) defines disability as injury-caused inability to earn preinjury wages in the same or any other employment.

Bryant v. Newcon, Inc. · filed 2008-07-29(9)

Disability within the meaning of the North Carolina Workers' Compensation Act is defined as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9) (2005). Plaintiff bears the initial burden of proving disability.

Section 97-2(9) requires proof that a compensable injury prevents the employee from earning the wages earned before the injury.

Bryant v. Craven Regional Medical Center · filed 2008-08-04(9)

Plaintiff has failed to prove by the greater weight of the evidence that, subsequent to her return to work with ECIM in September 2005, she has been or is unable to earn the same wages she earned before her compensable accident as a consequence of the 7 December 2004 injury.

Section 97-2(9) treats an inability to earn wages caused by a compensable occupational disease as disability.

Duffy v. Hanesbrands · filed 2008-08-07(9)

As a direct and proximate result of plaintiff's compensable occupational disease of carpal tunnel syndrome, plaintiff was unable to earn any wages from June 18, 2005 and continuing and thus is entitled to temporary total disability compensation at the rate of $704.00 per week.

Section 97-2(9) defines disability as incapacity caused by injury to earn prior wages in the same or other employment; an employee capable of some work may establish disability when preexisting conditions make seeking other employment futile.

Deason v. Owens-Illinois, Inc. · filed 2008-08-19(9)

Disability is defined for the purpose of awarding workers' compensation benefits as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2(9) (2005); Russell v. Lowes Product Distribution, 108 N.C. App. 762, 765, 425 S.E.2d 454, 457 (1993). ... Furthermore, this finding of fact supports the Commission's eighth conclusion of law that because it would be futile for plaintiff to seek other employment due to preexisting conditions and other factors not related to his injury, plaintiff had proven the existence of his disability.

Section 97-2(9) defines disability as an injury-caused inability to earn the employee’s preinjury wages in the same or any other employment.

WILKIE-FISHER v. PH Glatfelter Co. · filed 2008-08-05(9)

To demonstrate disability, plaintiff must show "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2(9) (2007).

Section 97-2(9) defines disability as injury-related loss of earning capacity, rather than physical impairment alone.

Langley v. SUE-LYNN TEXTILES, INC. · filed 2008-12-02(9)

For purposes of Workers' Compensation, disability is an "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N. C. Gen. Stat. § 97-2(9) (2007). Thus, disability as defined in the Act is the impairment of the injured employee's earning capacity rather than physical disablement.

Disability means injury-caused inability to earn preinjury wages in the same or any other employment.

Yarborough v. Pierce Trailer Service · filed 2008-09-24(9)

Disability under the North Carolina Workers' Compensation Act "means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) defines disability as injury-caused inability to earn pre-injury wages in the same or other employment; medical and vocational evidence that an employee currently cannot return to work can establish temporary total disability.

Pilgreen v. American Trucking Auto Leasing · filed 2008-10-20(9)

N.C. Gen. Stat. § 97-2 (9) defines disability as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." Plaintiff failed to prove that he is permanently and totally disabled as a result of any work injury sustained during his employment with Defendant-Employer. Plaintiff proved, however, that he is temporarily totally disabled through medical and vocational evidence that he is unable to return to work at this time as set forth in the findings of fact above.

Under § 97-2(9), an occupational disease can cause disability when it significantly contributes to the worker’s inability to work.

Pope v. Manville · filed 2008-11-07(9)

Plaintiff's asbestosis was a significant contributing factor to his becoming disabled in September 2003. N.C. Gen. Stat. § 97-2 (9).

A worker who earns less after an injury must show that the work injury caused the lower earnings to establish disability under § 97-2(9).

Lynch v. Crane · filed 2008-11-04(9)

Although Plaintiff found employment earning diminished wages after he quit his job with Defendant-Employer, the evidence does not establish that his work related injury caused him to earn lesser wages. Thus, Plaintiff has failed to prove that his work related injury caused any disability under the fourth method of proving disability under Russell or under the other three methods. Id. N.C. Gen. Stat. § 97-2 (9) (2007).

Disability under § 97-2(9) means impaired earning capacity rather than physical impairment; the period of temporary total disability must be supported by evidence of inability to earn wages.

Carey v. Norment Security Industries · filed 2008-12-02(9)

Thus, under the Act, disability is the “impairment of the injured employee’s earning capacity rather than physical disablement.” Russell, 108 N.C. App. at 765, 425 S.E.2d at 457 (citation omitted). ... In the light most favorable to plaintiff, the record supports a finding of temporary total disability from 22 February through 23 May 2005, but does not support a finding that plaintiff was temporarily totally disabled between 23 May 2005 and 8 July 2005.

Section 97-2(9) defines disability as loss of earning capacity; a worker capable of some work may establish disability when age, education, experience, and work restrictions make seeking other employment futile.

Jones v. Food Lion · filed 2008-12-16(9)

N.C. Gen. Stat. § 97-2(9) (2007), defines "disability" as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." ... In the instant case, Plaintiff produced competent evidence "that he is capable of some work but that it would be futile because of preexisting conditions, i.e., age, inexperience, lack of education, to seek other employment[.]" Russell , 108 N.C. App. at 765, 425 S.E.2d at 457. ... We conclude that the evidence in this case is sufficient to establish Plaintiff's disability pursuant to N.C. Gen. Stat. § 97-2(9).

Disability requires an incapacity to earn pre-injury wages caused by the compensable condition; an economic layoff after unrestricted work does not itself establish disability.

Carter v. Lexington Furniture Industries · filed 2008-12-18(9)

Since Plaintiff returned to work in November 2001 and worked without restrictions from March 2002 through October 15, 2003 when she was laid off along with numerous other co-workers, due to economic reasons, Plaintiff has not proven any incapacity to earn pre-injury wages during a period of more than 18 months immediately preceding her layoff. The evidence establishes that Plaintiff's failure to earn wages with Defendant-Employer after October 15, 2003 is not due to disability, but is the result of her layoff due to a reduction in work force resulting from a decrease in Defendant-Employer's business.

Section 97-2(9) defines disability as an injury-caused inability to earn the wages the employee received at the time of injury in the same or other employment.

Jones v. Action Staffing Group · filed 2009-01-07(9)

"Disability" within the meaning of the North Carolina Workers' Compensation Act is defined as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9) (2005). The employee bears the initial burden of proving disability. Johnson v. S. Tire Sales Serv. , 358 N.C. 701 , 599 S.E.2d 508 (2004). Plaintiff failed to meet her burden of proving total disability. Russell v. Lowes Prod. Distribution , 108 N.C. App. 762 , 765 , 425 S.E.2d 454 , 457 (1993).

Disability requires an injury-caused inability to earn the employee’s preinjury wages in the same or any other employment; inability to earn wages caused by termination for unrelated performance issues does not qualify.

Wood v. Greystar Real Estate Partners · filed 2009-02-09(9)

Plaintiff has the burden of proving disability, which is defined as the incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment. ... Plaintiff's incapacity, if any, to earn wages subsequent to September 17, 2006, was not caused by plaintiff's injury, but was due to his termination for performance issues unrelated to his work injury and for which a non-injured employee would have been terminated.

Disability under § 97-2(9) means impairment of earning capacity rather than physical disablement alone.

Adams v. WINSTON-SALEM/FORSYTH COUNTY SCHOOLS · filed 2009-05-05(9)

Hence, "`disability'" as defined in the Workers' Compensation Act is the impairment of the injured employee's earning capacity and not physical disablement.

Disability is an injury-caused inability to earn the wages received at the time of injury, which the employee must establish to receive compensation.

Kistler v. Commercial Metals Co. · filed 2009-06-08(9)

N.C. Gen. Stat. § 97-2 (9) defines disability as the incapacity, because of an injury, to earn the wages which the employee was receiving at the time of the injury. In order to receive compensation, an employee must establish that his injury caused disability.

Disability means an injury-caused inability to earn the employee’s prior wages in the same or other employment; evidence that the employee missed work because of the illness can support a finding of disability.

Lassiter v. TOWN OF SELMA · filed 2009-07-07(9)

"The term `disability' means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." ... Based upon competent evidence from plaintiff's testimony, co-workers' testimony, and physician notes, the Commission found that after the 17 August 2005 tick bite, plaintiff's health declined, and he missed about a week from work because of his illness. The Commission did not err when it concluded that plaintiff had proven his disability.

Disability under § 97-2(9) requires injury-caused loss of earning capacity; continued earnings at pre-injury wages do not establish disability even when the work is unsuitable.

McLeod v. Wal-Mart Stores, Inc. · filed 2009-07-13(9)

Disability, within the North Carolina Workers' Compensation Act, means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment. N.C. Gen. Stat. § 97-2 (9). ... In the case at hand, as plaintiff has continued to work for defendant-employer earning his pre-injury wages, at a position that has now been determined to be unsuitable, plaintiff has failed to prove disability at this time.

Section 97-2(9) defines disability as incapacity caused by injury to earn preinjury wages in the same or other employment; the claimant must prove its existence and extent.

Barbour v. Sawyer's Land Developing · filed 2009-08-17(9)

Plaintiff has the burden of proving disability, and plaintiff must prove both the existence and the extent of disability. Disability is defined by the Act as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment." N.C. Gen. Stat. § 97-2 (9). In this case plaintiff failed to meet his burden of proving the existence and extent of disability that resulted from a work-related injury.

Section 97-2(9) defines disability as an injury-caused inability to earn the wages the employee received at the time of injury in the same or any other employment.

Porter v. St. Augustine's College · filed 2009-09-09(9)

"Disability," within the North Carolina Workers' Compensation Act "means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9).

Disability under § 97-2(9) is an injury-caused inability to earn the employee’s preinjury wages in the same or other employment.

Yarborough v. PIERCE TRAILER SERVICE · filed 2009-09-15(9)

Pursuant to North Carolina Workers' Compensation Act, "the term `disability' means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2(9) (2007).

Section 97-2(9) defines disability by reduced earning capacity in the same or other employment, rather than by physical impairment alone.

Evans v. Hendrick Automotive Group · filed 2009-09-30(9)

An employee injured in the course of his employment is disabled under the Act if the injury results in "incapacity . . . to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9) (2008). Accordingly, disability is defined in the Act as the impairment of the injured employee's earning capacity rather than physical disablement.

Section 97-2(9) defines disability as an injury-caused inability to earn pre-injury wages in the same or other employment; competent medical evidence of inability to work can establish that incapacity.

Dobson v. the Salvation Army · filed 2009-10-06(9)

To prove "disability" under our Workers' Compensation Act, an employee-plaintiff must show an "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2(9) (2007). ... Plaintiff offered competent medical evidence that he has been and continues to be unable to earn wages in any employment due to the psychological effects of the 19 July 2004 injury, and the Full Commission properly applied this competent evidence to make findings as to plaintiff's disability under section 97-2(9) of our General Statutes.

Section 97-2(9) defines disability as an injury-caused inability to earn preinjury wages in the same or other employment.

Bryant v. NEWCON, INC. · filed 2009-09-15(9)

An employee injured in the course of his employment is disabled under the Act if the injury results in an "incapacity . . . to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2(9) (2007).

Section 97-2(9) treats disability as injury-caused loss of wage earning capacity, requiring proof that the employee cannot earn pre-injury wages in the same or other employment.

Lail v. Burke County Schools · filed 2009-12-29(9)

Plaintiff has the burden of proving disability, defined as a loss of wage earning capacity. ... Therefore, Plaintiff has failed to meet her burden of establishing that she is disabled and unable to earn wages due to her October 15, 2005 work injury.

Section 97-2(9) treats an employee as disabled when a work injury prevents earning preinjury wages, including when the employee cannot obtain work within his experience and seeking other work would be futile without retraining.

Freeman v. Rothrock · filed 2010-02-02(9)

Pursuant to the North Carolina Workers’ Compensation Act, “the term ‘disability’ means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9) (2005). ... Accordingly, we affirm the Full Commission’s conclusion that plaintiff established his disability pursuant to the second and third tests set forth in Russell and that defendant failed to rebut the presumption of disability.

Disability under subsection (9) is established when a compensable injury prevents an employee from earning pre-injury wages.

Odum v. N.C. Coca-Cola Bottling Co. Consolidated · filed 2010-02-04(9)

Plaintiff has shown by the greater weight of the evidence that as a result of his May 9, 2007 compensable injury, he is incapable of earning his pre-injury wages. ... Plaintiff has established disability under N.C. Gen. Stat. §§ 97-2 (9), 97-29 97-30 .

Section 97-2(9) defines disability as an injury-caused inability to earn the employee’s preinjury wages in the same or other employment.

Johnson v. Baxter Healthcare Corp. · filed 2010-02-16(9)

"Disability" under the Workers' Compensation Act means the "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment. N.C. Gen. Stat. § 97-2(9)(2009).

Section 97-2(9) does not support ongoing indemnity benefits when the worker has no continuing disability or work restrictions from the compensable injury.

Shaffer v. Cumberland County Schools · filed 2010-02-26(9)

The competent and credible medical and other evidence of record establishes that Plaintiff sustained no permanent disability or work restrictions in relation to her workers' compensation injuries of January 24, 2008. Plaintiff is not entitled to any ongoing indemnity benefits in relation to her January 24, 2008 workers' compensation injuries, including her nose, cheek, eye, or neck. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) defines disability as an injury-caused inability to earn the employee’s preinjury wages in the same or any other employment.

Davis v. HOSPICE & PALLIATIVE CARE · filed 2010-03-02(9)

“Disability” under the North Carolina Workers’ Compensation Act means “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9) (2007). ... These findings show that (1) plaintiff offered a substantial amount of evidence demonstrating her disability after the unsuccessful return to work, and (2) no findings by the Commission support defendants’ claim that Dr. Rauck intended plaintiff’s disability status to be temporary pending some future appointment.

Section 97-2(9) places the burden on the claimant to prove disability caused by the compensable injury.

Inscoe v. Nelms Electric Services · filed 2010-03-17(9)

The burden of proving compensable disability remains with plaintiff. Sims v. Charmes/Arby's Roast Beef, supra . In this case, plaintiff has produced sufficient evidence to prove that the admittedly compensable November 16, 2005 accident caused his subsequent ongoing disability.

Section 97-2(9) defines disability as injury-caused incapacity to earn preinjury wages in the same or other employment, measured by earning capacity rather than physical impairment.

Stiller v. Stone Truck Parts · filed 2010-03-29(9)

"Disability" is defined by the Workers' Compensation Act as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9). Notably, it refers to the diminished capacity to earn wages rather than to any physical impairment or infirmity.

Section 97-2(9) treats a worker as totally disabled when an occupational disease prevents the worker from earning wages, including when seeking other employment would be futile.

Wegener v. Apria Healthcare Group · filed 2010-03-03(9)

Plaintiff has been totally disabled due to his 2007 occupational disease from March 13, 2007, through the present time and continuing. N.C. Gen. Stat. §§ 97-2 (9), 97-29 .

Under § 97-2(9), a worker can be totally disabled when medical restrictions, age, limited education and English skills, and lack of transferable skills make seeking other work futile.

Yous v. Greif, Inc. · filed 2010-04-13(9)

Plaintiff is capable of "some" work within the permanent restrictions assigned by Dr. Dockery on October 30, 2007. However, it would be futile for him to seek alternative work, in light of his advanced age, his limited education, including his limited ability to speak, write, and read English, his medical limitations, and his lack of transferable work skills. ... Plaintiff has been totally disabled from March 1, 2007, through the present time and continuing. N.C. Gen. Stat. §§ 97-2 (9), 97-29 .

Section 97-2(9) requires a worker claiming disability to prove that the work injury prevents the worker from earning preinjury wages.

McDowell v. N.C. Dept. of Health and Human Serv. · filed 2010-04-20(9)

Given all the evidence presented in this case, including copious video evidence that belies his representations to his medical providers regarding his pain and physical abilities, plaintiff has failed to prove that he is not capable of working and has failed to meet his burden of proving compensable disability subsequent to 15 November 2007, the date of plaintiff's functional capacity evaluation.

Section 97-2(9) defines disability as an injury-caused inability to earn the wages the employee received at the time of injury in the same or any other employment.

Williams v. LAW COMPANIES GROUP, INC. · filed 2010-05-18(9)

"The term `disability' means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2(9) (2009).

Section 97-2(9) defines disability as injury-caused incapacity to earn preinjury wages in the same or other employment, and the claimant must prove its existence and extent.

Blakeney v. Blythe Cons. · filed 2010-06-09(9)

Plaintiff has the burden of proving disability, and plaintiff must prove both the existence and the extent of disability. Disability is defined by the Act as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment."

Section 97-2(9) defines disability by an injured worker’s inability to earn her pre-injury wages in the same or any other employment.

McCall v. P.H. Glatfelter Co. · filed 2010-05-11(9)

As the result of her January 5, 1999, injury by accident, Plaintiff has been unable to earn the wages which she was receiving at the time of her injury in the same or any other employment from August 15, 2002, through the present and continuing.

Section 97-2(9) defines disability as injury-caused loss of earning capacity; an employee capable of some work can establish disability through reasonable but unsuccessful efforts to find employment within injury-related restrictions.

McLaughlin v. STAFFING SOLUTIONS · filed 2010-08-03(9)

N.C. Gen. Stat. § 97-2(9) (2004) states that the term disability “means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” ... First, the Commission’s findings establish that following plaintiff’s 16 March 2006 termination, he was “capable of some work, but that he has, after a reasonable effort on his part, been unsuccessful in his effort to obtain employment[.]” ... We hold that the above findings support the Commission’s conclusion that plaintiff was temporarily totally disabled.

Section 97-2(9) covers disability caused by a compensable injury that leaves an employee unable to earn wages through gainful employment.

Lawrence v. Cv Industries · filed 2010-07-08(9)

As a result of her admittedly compensable injury by accident, the Plaintiff is disabled within the meaning of N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) defines disability as an injury-caused inability to earn pre-injury wages in the same or any other employment.

Smith v. Guy C. Lee Building Materials · filed 2010-07-09(9)

Plaintiff has the burden of proving disability. "Disability" is defined as "the incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." See N.C. Gen. Stat. § 97-2 (9). In order to prove disability, Plaintiff must show he is incapable of earning pre-injury wages in either the same or in any other employment, and that the incapacity to earn pre-injury wages was caused by his injury.

Section 97-2(9) requires an injured worker claiming disability to prove an inability to earn preinjury wages in the same or any other employment.

McDevitt v. Waste Management · filed 2010-07-09(9)

To prove disability, an injured worker must prove that he is unable to earn the wages which he was earning at the time of the injury in the same or any other employment.

Section 97-2(9) defines disability by loss of wage-earning capacity; employment within the worker’s restrictions can establish diminished rather than total incapacity to earn wages.

Prestwood v. Caldwell County Sheriff's Department · filed 2010-07-12(9)

The Workers' Compensation Act defines "disability" as the "incapacity because of injury to earn the wages which the employee was receiving at the time of the injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9). ... Here, Plaintiff's wage earning capacity has not been totally obliterated, as evidenced by Plaintiff's employment at Speedy Car Wash in a position which he obtained on his volition and which is within his work restrictions.

Section 97-2(9) defines disability as injury-caused incapacity to earn the employee’s preinjury wages in the same or any other employment.

Hardin v. Town of Forest City · filed 2010-07-13(9)

"Disability" is the "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) requires proof that a work injury prevents the employee from earning pre-injury wages in the same or other employment.

Powe v. Centerpoint Human Services · filed 2010-07-15(9)

In order to meet the burden of proving disability, plaintiff must prove that she was incapable of earning pre-injury wages in either the same or in any other employment and that the incapacity to earn pre-injury wages was caused by plaintiff's injury.

An employee who continues to perform the same work at the same wages without injury-related limitations has not established disability under § 97-2.

Grajales v. Ferguson Design · filed 2010-09-07(9)

The Full Commission specifically finds that Plaintiff's work was not slower and his performance was not in any way diminished as a result of the September 22, 2008 injury. ... Plaintiff has failed to establish that he was disabled under the North Carolina Workers' Compensation Act between the time of his injury on September 22, 2008 and his termination by Defendant-Employer on or about December 13, 2008.

Section 97-2(9) defines disability as an injury-caused inability to earn pre-injury wages in the same or other employment.

Leviner v. Premier Comp Ii-Cet Development · filed 2010-09-14(9)

In order to meet the burden of proving disability, plaintiff must prove that she was incapable of earning pre-injury wages in either the same or in any other employment and that the incapacity to earn pre-injury wages was caused by plaintiff's injury.

Section 97-2(9) defines disability as injury-caused inability to earn preinjury wages in the same or other employment, which the employee must prove.

Nobles v. Coastal Power & Electric, Inc. · filed 2010-11-02(9)

“Disability” is defined as “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9) (2009). ... Plaintiff acknowledges that no other evidence regarding his earning capacity was offered, and, as such, the Commission properly found that “Plaintiff has failed to establish that he is unable to earn his pre-injury average weekly wage in any employment as a result of his compensable injury.”

Section 97-2(9) requires proof of disability, meaning a work-related inability to earn pre-injury wages in the same or other employment.

State v. State · filed 2010-11-03(9)

To support a conclusion of disability, the Commission must find that the Plaintiff was: (1) incapable of earning pre-injury wages in the same employment, (2) incapable of earning pre-injury wages in any other employment, and (3) the incapacity to earn pre-injury wages in either the same or other employment was caused by Plaintiff's injury. ... Plaintiff failed to show the existence of any disability as defined in N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) requires an injured worker claiming disability to prove inability to earn pre-injury wages in the same or any other employment.

Martinez-Baraja v. Statements in Stone, Inc. · filed 2010-11-04(9)

To prove disability, an injured worker must prove that he is unable to earn the wages which he was earning at the time of the injury in the same or any other employment. N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) requires an injured worker claiming disability to prove inability to earn preinjury wages in the same or any other employment.

Martinez-Baraja v. Statements in Stone, Inc. · filed 2010-09-28(9)

To prove disability, an injured worker must prove that he is unable to earn the wages which he was earning at the time of the injury in the same or any other employment.

Disability under § 97-2(9) is impairment of an injured employee’s earning capacity because of the work injury.

Aguirre-Gallentan v. Bassett Seamless Guttering · filed 2010-12-28(9)

Disability refers to the impairment of the injured employee's earning capacity because of the work injury. N.C. Gen. Stat. § 97-2 (9) (2009); Peoples v. Cone Mills Corp. , 316 N.C. 426 , 432 , 342 S.E.2d 798 , 804 (1986).

Section 97-2(9) defines disability as incapacity because of injury to earn the wages the employee received at the time of injury in the same or other employment, and the employee must prove its existence and extent.

Weavil v. Summer Industries · filed 2011-01-31(9)

Plaintiff also has the burden of proving disability, and plaintiff must prove both the existence and the extent of disability. Disability is defined by the Act as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment." N.C. Gen. Stat. § 97-2 (9). In the instant case, plaintiff failed to meet his burden of proving the existence and extent of disability that resulted from a work-related injury.

Section 97-2(9) defines disability as an injury-caused inability to earn the employee’s pre-injury wages in the same or any other employment.

Tyer v. Powerboats · filed 2011-04-25(9)

"Disability" is defined as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9).

Section 97-2(9) defines disability as injury-caused inability to earn preinjury wages in the same or other employment; reasonable but unsuccessful efforts to find suitable work can establish continuing disability even when the employee can perform some work.

Haskins v. City of Durham · filed 2011-06-30(9)

The evidence shows that although she is capable of some work, Plaintiff has been unsuccessful in her search for suitable employment, after making reasonable efforts. Therefore, Plaintiff has proven continuing disability. "The term `disability' means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9) (2005).

Disability under subsection (9) is a loss of wage earning capacity, and a worker physically unable to perform any employment because of the injury is totally disabled.

McFalls v. Ingles Markets, Inc. · filed 2011-07-07(9)

Plaintiff has the burden of proving disability, defined as a loss of wage earning capacity. ... Plaintiff has shown that he remains totally disabled, in that he is physically unable to work in any employment consistent with Dr. David's order. N.C. Gen. Stat. § 97-2 (9); Russell , 108 N.C. App. 762 , 425 S.E.2d 454 (1993).

Under § 97-2(9), disability depends on an injury-caused inability to earn wages in the same or other employment.

Uriarte v. Brown's Mill Service · filed 2011-06-30(9)

Plaintiff was capable of earning wages in the same or other employment beginning on April 7, 2010 and continuing to the present. Plaintiff has not been disabled because of injury since April 7, 2010.

Section 97-2(9) covers incapacity to earn wages in any employment caused by a compensable respiratory condition.

Pait v. Southeastern General Hospital · filed 2011-07-12(9)

As a result of the respiratory disease caused by the formaldehyde solution, the plaintiff has been incapable of earning wages in any employment since March 9, 1994.

Section 97-2(9) treats a worker as totally disabled when a compensable condition prevents work and a reasonable effort to return to work is unsuccessful.

Thompson v. Aramark, Inc. · filed 2011-08-02(9)

As the result of his shoulder conditions, including his rotator cuff tear, labral fraying, synovitis, and bursitis, Plaintiff was medically unable to perform any work between September 12, 2007, and January 28, 2008. ... Between January 29, 2008, and February 18, 2008, Plaintiff made a reasonable effort to return to work, but without success. ... Between September 12, 2007 and February 19, 2008, Plaintiff was totally disabled. N.C. Gen. Stat. §§ 97-2 (9); 97-29 .

Section 97-2(9) defines disability as an impairment of the injured employee's earning capacity because of a work injury.

McCoy v. Aramark Corporation · filed 2011-08-04(9)

Disability refers to the impairment of the injured employee's earning capacity because of the work injury. N.C. Gen. Stat. § 97-2 (9) (2009); Peoples v. Cone Mills Corp. , 316 N.C. 426 , 432 , 342 S.E.2d 798 , 804 (1986).

Section 97-2(9) recognizes continuing disability when physical restrictions and vocational limitations make a search for suitable work futile while functional capacity remains uncertain.

Leovao v. Pike Electric, Inc. · filed 2011-08-12(9)

Given Plaintiff's work related and non-work related physical limitations, his limited vocational and educational experience and the differing medical expert opinions on what his level of functioning is, it would be futile for him to seek work that comports with his physical restrictions until he can obtain a Functional capacity Evaluation to obtain further information on what his functional capacity is and whether he is at maximum medical improvement.

Disability under § 97-2 means injury-caused inability to earn preinjury wages in the same or other employment.

Goble v. Lines · filed 2011-09-22(9)

"Disability" is defined by the Workers' Compensation Act as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (2010). ... Plaintiff has not met his burden of proof with regard to disability relating to the 11 August 2007 injury.

Disability under § 97-2 requires proof that the work injury caused an inability to earn pre-injury wages in the same or other employment.

Workman v. Major Contractors Inc. · filed 2011-08-04(9)

In order to meet the burden of proving disability, Plaintiff must prove that he was incapable of earning pre-injury wages in either the same or in any other employment and that the incapacity to earn pre-injury wages was caused by plaintiff's injury.

Disability under subsection (9) means injury-caused incapacity to earn preinjury wages in the same or other employment, measured by diminished earning capacity rather than physical impairment alone.

Childers v. Wal-Mart Stores, Inc. · filed 2011-10-10(9)

Under the Workers' Compensation Act, disability is defined as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen. Stat. § 97-2 (9). ... A determination of whether a worker is disabled focuses on the injured employee's diminished capacity to earn wages, rather than upon his physical impairment.

Under § 97-2(9), a worker who continues to earn wages at least equal to pre-injury wages is neither totally nor partially disabled.

Johnson v. Hospira, Inc. · filed 2011-10-04(9)

Furthermore, Plaintiff has not been totally or partially disabled as a result of his lung condition because he continues to earn wages greater than or equal to his pre-injury wages.

Section 97-2 defines disability by whether a work injury prevents an employee from earning pre-injury wages in the same or other employment; an employee may establish that inability by showing that seeking work would be futile in light of physical restrictions, education, and work experience.

Beamer v. Kohler Company · filed 2011-11-08(9)

In order to meet the burden of proving disability, Plaintiff must prove that he was incapable of earning pre-injury wages in either the same or in any other employment and that the incapacity to earn pre-injury wages was caused by Plaintiff's injury. ... In the instant case, Plaintiff has met his initial burden to show that, due to his knee condition, he is disabled from any employment through the production of evidence that it would be futile for Plaintiff to seek employment comporting with his physical restrictions due to his limited education and work experience.

Section 97-2(9) defines disability as an impairment of the injured employee’s earning capacity caused by the work injury.

Sampson v. the Goodyear Tire · filed 2011-11-22(9)

Disability refers to the impairment of the injured employee's earning capacity because of the work injury.

Disability under § 97-2(9) means incapacity caused by an injury to earn preinjury wages in the same or other employment, and the claimant bears the burden of proving its existence and extent.

Edwards v. Saint-Gobain · filed 2011-11-28(9)

The burden of proving compensable disability remains with plaintiff. ... Disability is defined by the Act as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment." ... Therefore, in this case plaintiff failed to meet her burden of proving the existence and extent of disability, subsequent to September 11, 2005, that was caused by the compensable accident.

Section 97-2(9) defines disability as injury-caused loss of earning capacity, and the employee bears the burden of proving its existence and extent.

O'Neal v. Inline Fluid Power, Inc. · filed 2015-05-19(9)

Under the Act, the term "disability" means "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen.Stat. § 97-2(9) (2013). Thus, "disabilityrefers not to physical infirmity but to a diminished capacity to earn money." ... Accordingly, we do not believe the Commission acted under a misapprehension of law when it considered whether Plaintiff met his burden of establishing disability or was entitled to a presumption of disability after 21 May 2012.

Section 97-2(9) defines disability as injury-caused inability to earn preinjury wages in the same or other employment, and an employee who can perform some work must show a reasonable but unsuccessful job search or that seeking work would be futile.

Carr v. Department of Health & Human Services · filed 2012-01-17(9)

Under N.C.G.S. § 97-2(9), “ ‘disability’ means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9) (2011). The burden is on the employee to show she is unable to earn the same wages she earned before the injury, either in the same or other employment. ... Therefore, we must remand to the Commission to make findings regarding plaintiff’s disability with regard to Russell methods two and three.

A claimant may prove disability by showing that a compensable injury, together with limited education and vocational experience, makes seeking other employment futile.

Church v. Bemis Manufacturing Co. · filed 2013-06-18(9)

The Commission found that Plaintiff’s limited education and vocational history, in combination with her compensable injury, madé a search for other employment futile. The Commission’s findings support the conclusion that Plaintiff was disabled under the third method in Knight, 149 N.C. App. at 7, 562 S.E.2d at 439.

Section 97-2(9) defines disability as an injury-caused loss of capacity to earn preinjury wages in the same or other employment; evidence of unsuccessful attempts to return to work and a search for suitable work can support continuing disability.

Norris v. Wal-Mart Assocs., Inc. · filed 2014-05-06(9)

In the North Carolina Workers’ Compensation Act, “[t]he term ‘disability’ means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9) (2013). ... Upon review, we agree the combination of the Commission’s findings, which are amply supported by the evidence, support the conclusion that plaintiff is entitled to continuing disability.

Disability under § 97-2(9) turns on loss of wage-earning capacity; a self-employed worker who remains active in the business and has skills usable in the competitive labor market is not totally disabled.

Dominguez v. Francisco Dominguez Masonry, Inc. · filed 2015-07-21(9)

Disability is defined as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen.Stat. § 97-2(9) (2013). ... Since the Commission properly found that plaintiff had regained the capacity to earn at least partial wages, and was not disabled as of 31 March 2010, the Commission's conclusion that defendants were entitled to terminate payment of compensation on that date was appropriate.

Section 97-2(9) defines disability as injury-caused inability to earn preinjury wages in the same or any other employment, and medical evidence that the employee cannot work can support continuing temporary total disability.

Pickett v. Advance Auto Parts · filed 2016-02-02(9)

In the Act, “[t]he term ‘disability’ means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.” N.C. Gen. Stat. § 97-2(9). ... We hold finding of fact twenty-five, which is supported by the evidence, supports the Commission’s conclusion that employee has satisfied the first prong of Russell and is entitled to continuing temporary total disability compensation.

Disability under subsection (9) may be proved by showing that a job search would be futile despite some capacity to work; an unsuccessful search is unnecessary.

Neckles v. Teeter · filed 2016-12-30(9)

The plaintiff must prove that he or she is unable to obtain work but need not demonstrate an unsuccessful attempt to find a job.

Disability under § 97-2(9) requires proof that a work injury reduced the employee’s ability to earn wages; without evidence of wage loss, the employee cannot establish disability.

Anders v. Universal Leaf North America · filed 2017-05-02(9)

Without establishing wage loss in the first instance, there was no way for Anders to prove that any wage loss was connected to the work-related, compensable injury.

Total disability under § 97-2(9) turns on whether the injury has totally obliterated the worker’s earning capacity.

Spain v. Spain · filed 2014-09-16(9)

Therefore, the issue in this case is solely whether plaintiff's earning capacity was "totally obliterated" such that he remains totally disabled.

Disability under § 97-2(9) requires proof that an injury prevents the employee from earning pre-injury wages in the same or other employment; pain and work restrictions do not alone establish incapacity for all work.

Porter v. Bearcat, Inc. · filed 2015-07-07(9)

"The term 'disability' means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment." N.C. Gen.Stat. § 97-2(9) (2014). ... Here, there was competent evidence supporting the finding that Plaintiff did not meet his burden of demonstrating incapacity to earn wages under the first prong of Russell.

Section 97-2(9) permits a claimant to establish disability through medical evidence that an injury temporarily prevents earning wages in any employment.

Holliday v. Tropical Nut & Fruit Co. · filed 2015-08-18(9)

Because the medical evidence indicated that Plaintiff was temporarily incapable of earning wages in any employment, there was sufficient evidence for the Commission to conclude that Plaintiff was temporarily totally disabled as of 24 May 2013.