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The case was a first for the court, which had never considered whether damaged breast implants were covered by Workers'
Compensation, the judges wrote in their ruling.
Greensboro plastic surgeon Dr. David Bowers testified that Richardson's right implant had ruptured and the left implant
showed signs of rippling, so he decided to replace both implants, according to the ruling. But he later testified that
the left implant most likely had rippling because it was under-filled.
Judges Barbara Jackson and Sanford Steelman Jr. said Richardson be compensated only for the ruptured implant, but agreed
that breast implants are covered in Workers' Compensation claims because they are a "prosthetic device that functions as
part of the body."
The dissenting member of the three-judge panel, Judge James Wynn, Jr., said Richardson needed both replaced to ensure
the implants were "symmetrical and evenly matched."
The case was sent back to the North Carolina Industrial Commission, which will determine the amount of compensation for
replacing one implant and address other issues cited in the ruling.
The commission originally awarded Richardson compensation for both implants, but the insurance company and her employer
appealed. Richardson was a nursing assistant at Maxim Healthcare/Allegis Group as the time of her accident.
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