Issue

Compensability—causal connection to workplace injury—"directly related" test—three independent criteria

Summary

In a workers' compensation case, the Supreme Court reversed the decision of the Full Commission awarding compensation to plaintiff for bariatric surgery–based on needing corrective knee surgery after two workplace accidents aggravated a preexisting knee condition, plaintiff was advised that she first needed to have bariatric surgery in order for the knee surgery to be safely performed–and remanded with instructions for the Industrial Commission to apply the proper legal standard regarding compensability for that treatment. The Supreme Court formally endorsed the "directly related" test, developed over the course of several Court of Appeals' cases, under which medical treatment is compensable only if it is directly related to the workplace injury. A sufficiently causal connection may be shown if (1) the workplace injury caused the condition for which treatment is sought, (2) the workplace injury aggravated the condition or caused new symptoms, or (3) the condition did not require treatment prior to the workplace injury but required treatment solely to remedy the workplace injury.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →