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NO. COA07-1188 NORTH CAROLINA COURT OF APPEALS Filed: ROBERT CAREY, Employee, Plaintiff, v. NORMENT SECURITY INDUSTRIES, Employer, SELF-INSURED (GALLAGHER BASSETT SERVICES, Servicing Agent) Defendant. Appeal by defendant from judgment entered 28 June 2007 by the North Carolina Industrial Commission. Appeals 18 March 2008. Scudder & Hendrick, by April D. Sequin and Samuel A. Scudder, for plaintiff-appellee. Hendrick, Gardner, Kinchelo & Garofalo, L.L.P., by Vachelle Willis and Dana C. Moody, for defendant-appellants. Heard in the Court of North Carolina Industrial Commission I.C. No. 488669 2 December 2008

Court of Appeals Slip Opinion

BRYANT, Judge. Defendant Norment Security Industries appeals from an Opinion and Award entered 28 June 2007 by the Industrial Commission (the Commission) awarding Plaintiff Robert Carey temporary total

disability compensation at the rate of $495.72 per week from 15 February 2005 until 8 July 2005 and for sporadic days plaintiff missed work due to medical treatment. For the reasons stated

below, we reverse and remand the Opinion and Award. Facts

-2During April 2004, plaintiff worked for defendant as a field engineer. On 30 April 2004, plaintiff was standing on a ladder three feet above an acoustical tile ceiling

approximately

installing magnetic locks when his ladder shifted and plaintiff fell. Plaintiff caught his arms on the ceiling grid, landed on his But, a week

feet, and at the moment noted only bruised arms. later, plaintiff experienced severe mid back pain.

On 10 May 2004, plaintiff's Urgent Care physician referred him to Raleigh Orthopaedic Rehabilitation Specialist (Raleigh

Orthopaedic) for evaluation and treatment of pain in the central and thoracic spine area. Plaintiff's initial evaluation at Raleigh Orthopaedic stated "[p]atient complains of interrupted sleep, very minimal pain during the day, pain is always central in location and thoracic spine levels. . . . It's worthy to note this patient also

is complaining of some upper extremity numbness or tingling when questioned about the presence of this." Raleigh Orthopaedic

treated plaintiff from 10 June 2004 until December 2004 when he was referred to the Carolina Back Institute. plaintiff continued to work. Plaintiff's initial evaluation at Carolina Back Institute by Dr. Catherine Duncan stated "[t]horacic and lumbar plain films and MRI studies had been done with continued complaints of, Throughout this time,

principally, mid to low thoracic pain which has been midline. [Plaintiff] has had, also, other areas of pain involving the neck, lower back, right leg and right foot that have been variously

-3present . . . ." The impression made upon his treating physicians

was that plaintiff suffered from some type of thoracic muscle tear. Plaintiff underwent therapy at Carolina Back Institute from 5 January 2005 until 10 March 2005. After four sessions, Dr. Duncan

declared plaintiff's "[t]horacic and lumbar strain/sprain, totally resolved . . . [and plaintiff] at maximal medical improvement with complete resolution of the above problem. [Plaintiff] has no restrictions for his thoracic or lumbar spine. He has no permanent partial impairment." Later, Dr. Duncan testified that there were

indications noted on in-house forms that plaintiff suffered from neck pain. However, there was nothing from the insurance carrier

that directed her towards "doing anything with the cervical spine." On 19 February 2005, plaintiff experienced and later described to his medical case manager, Betty Riddle, what felt like a "pop" in his neck. follows: Riddle: This was a telephone conference with him on 2/21/05, and I recall that he states that he was

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