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MONTGOMERY v. TOASTMASTER, INC.

No. COA04-1061.

620 S.E.2d 685 (2005)

Annie P. MONTGOMERY, Employee, Plaintiff, v. TOASTMASTER, INC., Employer, Self-Insured, (Corporate Claims Management, Serving Agent), Defendant.

Court of Appeals of North Carolina.

November 1, 2005.

Attorney(s) appearing for the Case

The Sumwalt Law Firm, by Mark T. Sumwalt and Vernon Sumwalt, Charlotte, for plaintiff-appellee.

Cranfill, Sumner & Hartzog, L.L.P., by Jonathan C. Anders and Meredith T. Black, Raleigh, for defendant-appellant.

WYNN, Judge.

In general, to prove that a disabled employee is employable, an employer must show that tendered employment accurately reflects the employee's ability to compete with others in the job market. Peoples v. Cone Mills Corp., 316 N.C. 426, 438, 342 S.E.2d 798, 806 (1986). In this case, the employer contends that the employee's light-duty work was "suitable" employment...

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