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 […]
Snyder v. Goodyear The Snyder decision is guided by Russell v. Lowe’s, 108 N.C. App. 762 (1993), which provides methods to establish a plaintiff is incapable of earning the same wages he had earned before his injury. The relevant method applied Snyder is the second method found in Russell, where a plaintiff presents evidence he […]
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. […]
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 […]
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 […]
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 […]
The NC Workers’ Comp 2019 Quick Reference Guide is designed to provide an overview of information contained in the North Carolina Workers’ Compensation Act.
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.
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.
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 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.
This infographic illustrates the number of weeks of permanent partial disability an employee is entitled to receive for the loss or loss of use of the body parts shown or vision in an eye.
This post covers the elements of a basic injury by accident workers’ comp claim in North Carolina.