Commissioner Tamara Nance of the North Carolina Industrial Commission spoke recently at the North Carolina Bar Association’s Workers’ Compensation Section Annual Meeting and told the audience that prescription drug formularies are being studied for possible future introduction into the North Carolina workers’ compensation system. A drug formulary is a list of prescription and non-prescription drugs […]
North Carolina Workers’ Comp Defense Blog
Antonio Pickett v. Advance Auto Parts N.C. Court of Appeals opinion filed 2/2/2016 This decision involved Defendants’ appeal from Opinion and Award of the North Carolina Industrial Commission determining that Plaintiff suffered a compensable injury and awarding ongoing indemnity and medical benefits. Plaintiff was employed as a salesperson and driver for Defendant-Employer when an armed […]
Franklin Falin v. The Roberts Company Field Services, Inc. N.C. Court of Appeals opinion filed 2/2/2016 This decision involved an appeal from Opinion and Award of the Full Commission concluding that employment offered to Plaintiff was not suitable pursuant to N.C. Gen. Stat. § 97-2(22). Plaintiff was employed as an iron worker for Defendant-Employer. Plaintiff […]
Starting Monday, February 1, 2016, the NC Industrial Commission is requiring electronic submission of documents for filing. We’ve created a handy reference tool which identifies the specific Forms and documents which must be filed through the Electronic Document Filing Portal (EDFP) (such as Forms 24 and 26A); those which must be filed via e-mail to […]
David Easter-Rozelle v. City of Charlotte (N.C. Ct. of Appeals, 12/1/15) This is a significant case concerning defendants’ subrogation rights and recovery of the third party lien. Defendants should always assert potential workers’ comp liens and plaintiffs have an obligation to notify defendants of third-party claims. Plaintiff sustained compensable injuries to his neck and shoulder on […]
Connie Chandler v. Atlantic Scrap and Processing (NC Ct. of Appeals, 12/1/15) Plaintiff sustained a compensable head and neck injury on August 11, 2003 as a result of a fall at work. In addition to her physical injuries, plaintiff also developed depression and cognitive impairments secondary to post-concussive syndrome. During the course of her treatment […]
Mica Nguyen Worthy and Jerri Simmons (both from Charlotte) obtained a favorable opinion from the Full Commission in a case where the plaintiff alleged an electrical injury.
Andrew Avram and Jerri Simmons (both of the Charlotte office) obtained a favorable opinion from the Full Commission in a case involving a worker who fell while walking from her car to clock in at her job.
Scott Dunnagan (Raleigh) recently obtained an Opinion & Award in favor of defendants on all issues in a case where the claimant alleged injuries to the back and left leg stemming from a compensable right leg injury dating back to August 2005.
Buck Copeland (Raleigh) recently prevailed at the Full Commission on an asbestosis death claim.
Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management.
The arrival of summer marks the end of another school year and the anticipation of beach vacations, backyard cookouts, and pool parties. This time of year also brings the annual company festival with the boss manning the BBQ pit, the interoffice corn hole tournament; and the balloon-making clown for the kids. Not to rob such an event of its pure joy and frivolity, but for those of us in the business, we should pause to consider the possible workers’ compensation ramifications of such annual company rituals.
Idiopathic conditions, including cases related to falls, are among the most challenging in the world of NC Workers’ Compensation.
The North Carolina Court of Appeals recently addressed the third element of the misrepresentation defense – the “causal connection,” element in Purcell v. Friday Staffing, 761 S.E.2d 694 (August 2014).
On June 24, 2011, then-Governor Beverly Purdue signed H 709—”Protecting and Putting North Carolina Back to Work Act” into law. As part of this Legislative Reform, North Carolina Employers now have an additional defense (misrepresentation) available to workers’ compensation claims arising on or after June 24, 2011. However, in order to use this defense Employers must do their homework BEFORE an alleged work accident happens.