Fletcher v. Dana Corp.

In January of 1989, Dennis Fletcher (plaintiff) sustained a shoulder injury during his employment with Dana Corporation (Dana) (defendant). In October of 1989, Fletcher reinjured his shoulder in another workplace accident at Dana. Fletcher’s doctor placed restrictions on Fletcher’s ability to lift, but Fletcher’s job was not consistent with the doctor’s limitations, and there were no other open positions at Dana in which Fletcher could work in his limited capacity. As a result, Dana terminated Fletcher’s employment on November 7, 1989. Fletcher searched extensively for new employment but could not find a new job until April 1, 1991. Fletcher sought temporary-total-disability benefits to cover his period of unemployment, but a deputy commissioner denied Fletcher’s claim. On appeal, the full North Carolina Industrial Commission reversed the deputy commissioner’s decision and ordered Dana to pay temporary-total-disability benefits to Fletcher for the period from November 7, 1989, until April 1, 1991. The commission found that Fletcher was unable to obtain employment as a result of his shoulder injury, despite having made reasonable efforts to find a new position. Dana appealed to the North Carolina Court of Appeals, arguing that Fletcher should not be considered totally disabled because Fletcher still had the capacity to earn wages, and his inability to find work was due to economic conditions.