Mehaffey v. Burger King

Plaintiff suffered a compensable injury while working for Defendant. Since Plaintiff's injury, his wife (Wife) attended to his needs. The North Carolina Industrial Commission later determined that Plaintiff required attendant care services, which Wife provided. Plaintiff and Defendant disagreed whether Wife should be compensated for the attendant care she provided Plaintiff before the Commission approved her rendering that service. The Commission concluded that Wife's attendant care services were medical compensation for which Defendant was responsible and further compensated Wife for the attendant care services previously provided. The court of appeals reversed in part the opinion and award entered by the Commission that provided retroactive compensation for Wife's attendant care services to her husband. The Supreme Court reversed the decision of the court of appeals on that issue because the court relied on a provision of the Commission's medical fee schedule that was not authorized by the legislature. Remanded. View "Mehaffey v. Burger King" on Justia Law