Yesterday, in a precedent setting opinion, Gonzalez v. Tidy Maids, Inc. et al., the North Carolina Court of Appeals held that when an employer has accepted a claim for benefits by filing a Form 63 and fails to contest the compensability of the plaintiff’s injuries within the 90 day statutory period set forth in N.C.G.S. 97-18(d), the plaintiff is entitled to the Parsons presumption.  The Parsons presumption “entitles a plaintiff to the presumption that her current discomfort and related medical treatment are directly related to her compensable injuries.”

Once the Parsons presumption applies, “the employer has the burden of producing evidence showing treatment is not directly related to the compensable injury.”  Further, “the Defendants needed to present ‘expert testimony or affirmative medical evidence tending to show that the treatment [plaintiff seeks] is not directly related to the compensable injury.'”

For the full opinion, click here. Questions?  Contact me or any of the workers’ compensation defense attorneys at Cranfill Sumner & Hartzog.