Compensability

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

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

Mica Worthy Obtained Favorable Opinion & Award from IC in Back Injury Claim

Injury Claim Form for Workers' Comp Defense

Mica Nguyen Worthy (Charlotte) recently obtained a favorable Opinion and Award from the Industrial Commission wherein a claimant alleged he sustained an injury by accident or specific traumatic incident to his back while working. Plaintiff received medical treatment without prejudice and his alleged back condition resolved allowing him to work an additional 8 months for […]

Read more

Attorneys Obtained Favorable Opinion and Award from the IC

NC Workers Comp Law Updates

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 […]

Read more

Case Summary: Compensability

Injury Claim Form for Workers' Comp Defense

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 […]

Read more

Employers: Is Your Company Social Putting You at Risk?

Employers at Risk for WC

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.

Read more

How to Avoid Pitfalls When Filing Your Form 24 Application

Form 24 Application Tips and Strategies CSH Law

The fourth and final part of this four part blog series will provide a roundup of best tips and strategies for preparing a successful Form 24 Application by addressing common pitfalls to identify and avoid including: (1) Failure to submit adequate information/documentation; (2) Failure to respond to or refute information/assertions/documentation put forth by the injured employee; and (3) Filing Form 24 Applications on improper grounds.

Read more