MILLER v. MISSION HOSP., INC.

No. COA 13-1310.

760 S.E.2d 31 (2014)

Deborah MILLER, Employee, Plaintiff, v. MISSION HOSPITAL, INC., Employer, Self-Insured, Defendant.

Court of Appeals of North Carolina.

July 1, 2014.


Attorney(s) appearing for the Case

Root & Root, PLLC, Weaverville, by Louise Critz Root , for plaintiff-appellant.

Brewer Defense Group, Cary, by Joy H. Brewer and Ginny P. Lanier , for defendant-appellee.


STEELMAN, Judge.

Where the Industrial Commission held that defendant had rebutted the presumption that arose by virtue of the filing of a Form 60 and pursuant to Parsons v. Pantry, Inc., 126 N.C. App. 540, 485 S.E.2d 867 (1997), the burden shifted back to plaintiff to establish her continuing need for medical treatment. Where plaintiff failed to meet this burden and failed to present evidence of disability, the Commission...

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