Sturdivant v. N.C. Dep't of Pub. Safety

Summary

The Court held that “total loss of wage-earning capacity” under section 97-29(c) means the complete loss of an employee’s personal ability to earn wages in any type of employment, not the statutory concept of “disability.” Applying that standard, the Court concluded that competent evidence supported the Industrial Commission’s finding that Sturdivant could perform some part-time sedentary work and affirmed the denial of extended benefits, while modifying the Court of Appeals’ reasoning. The opinion contains no separate writings.