McLean v. Eaton Corp. ( 1997 )

Judge Walker

dissenting.

I respectfully dissent after reviewing the testimonies of Dr. Scott Levin, plaintiff’s orthopedic and reconstructive surgeon; Ms. Lynn Boddie, vocational rehabilitation counselor, who assisted plaintiff; and Dr. Robert Fleury, a psychiatrist who treated plaintiff’s post traumatic stress disorders following the accident, as well as the evidence from the defendant-employer that defendant was offered a job beginning 20 September 1993 in another area of the plant. This and other evidence established that the defendant-employer met its burden thereby permitting the Commission to properly find that the “plaintiff did not justifiably refuse this offered position which was suitable to his capacity to earn wages.” See McCoy v. Oxford, 122 N.C. App. 730, 471 S.E.2d 662 (1996), and Franklin v. Broyhill, 123 N.C. App. 200, 472 S.E.2d 382 (1996). I would affirm the Opinion and Award of the Commission.