Weatherford v. American National Can Co

In Weatherford v. American National Can Co., 168 N.C. App. 377, 607 S.E.2d 348 (2005), the Court noted, "medical evidence that the plaintiff suffers from pain as a result of physical injury, combined with the plaintiff's own testimony that he is in pain has been held to be sufficient to support a conclusion of total disability." Id. at 380-81, 607 S.E.2d at 351. Although evidence of the claimant's pain in Weatherford was sufficient to support a determination that the claimant was disabled, it is not necessarily sufficient in all cases. As noted in Weatherford, plaintiff must "show his incapacity to earn pre-injury wages in one of four ways," by presenting evidence that either plaintiff is "incapable of working in any employment," plaintiff has "been unsuccessful in his effort to obtain employment," it would be futile for plaintiff to seek other employment because of pre-existing conditions, or plaintiff "has obtained other employment at a wage less than he earned prior to the injury." Id. at 380, 607 S.E.2d at 351.