Examining An Injury Resulting from an Eclipse Under North Carolina Law On August 21, 2017, many of us in North Carolina looked up at the sun to view the rare phenomenon of a total or near total eclipse. In most instances, the viewing was done with safety measures in place. As the eclipse occurred during […]
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 […]
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 […]
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.
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.
For more information on the Misrepresentation Defense, and how employers can proactively develop best hiring practices that enable them to take advantage of this defense, download our reference guide.
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.