Blog

North Carolina Workers’ Comp Defense Blog

 

Average Weekly Wage – Fair and Just?

General Thumbnail

The Ball v. Bayada Home Health Center, __ N.C. App. ___, (2017),  decision is a good reminder that N.C.G.S. § 97-2(5) provides five different methods to calculate average weekly wage, depending on the facts and circumstances of each claim.  Determining average weekly wage must be fair and just, meaning that the calculation must reflect what […]

Read more

Waiving Legal Arguments

General Thumbnail

In Bentley v. Jonathan Piner Construction, the N.C. Court of Appeals addressed when a legal issue would be deemed waived by a party.  The Court also addressed whether an injured worker was an independent contractor or employee at the time of his accident, and whether the Defendant was a statutory employer. In Bentley, Plaintiff suffered […]

Read more

State Legislature and Governor Work Quickly to Overturn Wilkes

General Thumbnail

On July 20, 2017, Governor Cooper signed into law House Bill 26. The Bill, which passed unanimously in the State Legislature, addressed and reversed portions of the recent Supreme Court decision, Wilkes v. City of Greenville. The Bill was in response to the Court’s determination that the workers’ compensation Parsons presumption applies to any injury […]

Read more

Time Bars for Medical Compensation and Evidence Bars for Indemnity Benefits

General Thumbnail

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 […]

Read more

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

General Thumbnail

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 […]

Read more

Doctors Determine Parsons: Failure to Overcome the Parsons Presumption

General Thumbnail

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 […]

Read more

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 […]

Read more

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 […]

Read more

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.  […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more