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North Carolina Workers’ Comp Defense Blog

 

Time Bars for Medical Compensation and Evidence Bars for Indemnity Benefits

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Capen Trucer Carl Anders, II v. Universal Leaf North America In Capen Trucer Carl Anders, II v. Universal Leaf North America, No. COA 16-910, the Plaintiff appealed an Industrial Commission decision denying his claim for additional medical and indemnity benefits allegedly related to a prior compensable injury.  The Court of Appeals analyzed the limitations period […]

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Supreme Court Determines the Burden of Causation is on Employers and Carriers in Compensable Claims

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In Wilkes v. City of Greenville, __ S.E.2d __, (2017) the North Carolina Supreme agreed with the Court of Appeal’s determination that when compensability is admitted an injured worker is entitled to a presumption that future medical treatment is causally related to the compensable injury. Moreover, the Supreme Court expanded its review to the Russell […]

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Doctors Determine Parsons: Failure to Overcome the Parsons Presumption

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Bell v. Goodyear The Bell decision is guided by the Parsons presumption, (Parsons v. The Pantry, Inc., 485 S.E.2d 867 (1997)) which holds that when additional medical treatment for a compensable injury is required, a rebuttable presumption arises in favor of the claimant that the treatment is directly related to the original compensable injury. The […]

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All About the Experts: Rebutting the Parsons Presumption

Injury Claim Form for Workers' Comp Defense

The Thornton decision is guided by the Parsons presumption, which holds that when additional medical treatment for a compensable injury is required, a rebuttable presumption arises in favor of the claimant that the treatment is directly related to the original compensable injury. This claim arose from a back injury that occurred in July 1998 when […]

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Does Payment of Attendant Care Require a Prescription?

Contest Medical Treatment

In Thompson v. Int’l Paper Co., the N.C. Court of Appeals addressed whether attendant care prescriptions needed to be provided in writing. In Thompson, the plaintiff suffered severe burns as a result of his work accident.  He underwent three major skin graft surgeries at the Burn Center.  His wife took leave from her job as […]

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What is the meaning of “last payment”?

Lewis v. Transit Management of Charlotte, __ N.C. App. __ (6 December 2016) In a workers’ compensation claim stemming from a compensable accident occurring in 06/2009, defendants filed no NCIC form to accept Employee’s claim, but defendants paid Employee almost $14,000.00 in TTD, and defendants paid Employee’s medical care providers almost $9,000.00 in medical compensation.  […]

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The Absent Commissioner: After a hearing, who may render a decision on the claim?

NC Workers Comp Law Updates

Bentley v. Jonathan Piner Construction (NC Court of Appeals, 9/20/16) Plaintiff suffered a right eye injury on March 3, 2014, when working on a construction site.  Defendants denied the claim, arguing that plaintiff was not an employee. The claim was heard by Deputy Commissioner Mary Vilas on December 5, 2014.  Deputy Commissioner Vilas suggested that […]

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A Fee Apart: The How, When, & Who in Awarding Attorney’s Fees

NC Workers Comp Law Updates

Saunders v. ADP Totalsource (NC Court of Appeals, 9/6/16) In a compensable claim, defendants were ordered to pay for prior attendant care services that were performed by plaintiff’s partner. The deputy commissioner approved an attorney fee of 25% of the award of the retroactive attendant care services provided.  The Full Commission also awarded retroactive attendant […]

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A Matter of Known Percentages

When Apportionment of an Injury is Appropriate Harris v. Southern Commercial Glass and/or Southeastern Installation Inc. (8/16/16) Facts and Procedural History: Plaintiff sustained a compensable back injury on July 13, 2000 while working for Southern Commercial Glass.  The employer accepted the claim and plaintiff received workers’ compensation medical and disability benefits.  At some point after […]

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Where Does a Third Party “Stand” on Liens?

Workers’ Compensation Liens and Standing Dion v. William Robert Batten, Sr. (8/2/16) Facts and Procedural History: Plaintiff was employed by Neuwirth as a servicing agent.  In the course and scope of his employment with Neuwirth, he was involved in a car accident.  William Batten failed to stop at a red light and ran into plaintiff.  […]

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Case Law Update: Rainey v. City of Charlotte

Attorney Saves Client from Paying Benefits Not Owed

Rainey v. City of Charlotte (5/17/16) This case the North Carolina Court of Appeals analyzed N.C. Gen. Stat. §97-58 and the statutory time limit to file an occupational disease. The Court dismissed an injured worker’s claim based on plaintiff’s failure to comply with the time requirements of the statute based on the plaintiff’s own admissions. Facts […]

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Case Law Update: Barnette v. Lowes

Attorney Keeps Employer from Paying Undeserved Benefits

Barnette v. Lowes (4/19/16) The North Carolina Court of Appeals overturned a Deputy Commissioner and the Full Commission Opinion and Award denying the plaintiff’s claim. The Court found that an “accident” occurred where plaintiff was “engaged in his normal work duty…” at the time of alleged injury, but there was an interruption in the normal work routine […]

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