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Edmonds v. Fresenius Med. Care

Supreme Court of North Carolina
Mar 1, 2005
608 S.E.2d 755 (N.C. 2005)

Opinion

No. 487A04

Filed 4 March 2005

Workers' Compensation — renal problems — exacerbation by drugs for back injury — failure of proof

The decision of the Court of Appeals in this case upholding an award of compensation to plaintiff for reduced renal function was reversed for the reason stated in the dissenting opinion that plaintiff failed to prove that her pre-existing kidney problems were exacerbated by nonsteroidal anti-inflammatory drugs taken as part of her treatment for a compensable back injury.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 600 S.E.2d 501 (2004), affirming an opinion and award entered by the North Carolina Industrial Commission on 5 May 2003. Heard in the Supreme Court 7 February 2005.

Randy D. Duncan for plaintiff-appellee. Hedrick Eatman Gardner Kincheloe, LLP, by Mel J. Garofalo and Shannon P. Herndon, for defendant-appellant Fresenius Medical Care.


For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.

REVERSED.


Summaries of

Edmonds v. Fresenius Med. Care

Supreme Court of North Carolina
Mar 1, 2005
608 S.E.2d 755 (N.C. 2005)
Case details for

Edmonds v. Fresenius Med. Care

Case Details

Full title:ELIZABETH EDMONDS, Employee v. FRESENIUS MEDICAL CARE, Employer…

Court:Supreme Court of North Carolina

Date published: Mar 1, 2005

Citations

608 S.E.2d 755 (N.C. 2005)
608 S.E.2d 755

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