Whicker v. Compass Group USA, Inc./Crothall Services Group, Employer; Self-Insured (Gallagher Bassett Services, Inc., Administrator); and Novant Health, Inc., Alleged Joint Employer, Self-Insured, Defendants. NC Court of Appeals Opinion filed April 5, 2016. This is a case addressing the Joint Employment doctrine. The Court of Appeals analyzed each element of the doctrine that must be […]
North Carolina Workers’ Comp Defense Blog
When contemplating cost containment strategies for workers’ compensation claims, it is important to start at the beginning, as timing is vital. To provide employers and claims adjusters with a comprehensive discussion of cost containment strategies, this Blog Post will start at the very beginning – before there is even a workers’ compensation claim. As part […]
Workers’ compensation claims can be expensive endeavors for employers, administrators and insurance companies. The purpose of this Blog Series is to educate employers and claims adjusters on cost containment strategies available during each phase of investigating and managing a workers’ compensation claim. The goal of this Blog Series is to help employers and claims adjusters […]
Dawn Lane (Raleigh) recently obtained a favorable decision on a Motion for Reconsideration in an uninsured claim in which claimant sustained multiple injuries after being hit by a car in a parking lot. Our client was named as a defendant under the “piercing of the corporate veil” theory. Defendant responded to Plaintiff’s initial set of […]
Dawn Lane (Raleigh) recently obtained a Form 24 approval in a claim wherein a claimant sustained a left shoulder contusion and left hip contusion. Defendants had previously filed a Motion to Compel Compliance with Medical Treatment due plaintiff’s continued pattern of noncompliance with medical treatment. An Order was issued by the IC compelling plaintiff to […]
Amy Pfeiffer and Lucy Bradley (Raleigh) recently obtained a favorable Opinion and Award from the Industrial Commission in a claim wherein a claimant sustained a compensable shoulder injury, and attempted to claim benefits for his ongoing psychiatric condition as well. Although Plaintiff’s expert testified in his favor, Defendants successfully argued that Plaintiff had failed to […]
Dawn Lane (Raleigh) recently obtained a favorable decision as to Plaintiff’s Motion to Compel Specific Medical Treatment in a claim wherein Plaintiff sustained an injury to her right ankle. Plaintiff’s treating physician recommended plaintiff undergo physical therapy. The physical therapy was authorized by defendants and the scheduling of physical therapy was assigned to Align Networks. […]
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 […]
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.