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Aug 11, 2015

Civil Practice — Attorneys’ Fee Award – Punitive Damages Claim – Frivolous & Malicious – Apportionment

Philips v. Pitt County Memorial Hospital, Inc. (Lawyers Weekly No. 15-16-0786, 7 pp.) (Chris Dillon, J.) Appealed from Pitt County Superior Court (Richard Doughton, J.) N.C. App. Unpub. Holding: In support of his claim for punitive damages, plaintiff incorporated by reference all the allegations from his other claims, adding only that defendants acted with malice, […]

Feb 23, 2012

Workers’ Compensation – Total Disability – Medical Evidence – Apportionment

Rawls v. Yellow Roadway Corp. In an interlocutory opinion, the Industrial Commission said, “The evidence of record is insufficient to determine whether plaintiff was able to work after June 22, 2007.” Thereafter Dr. Ewert examined plaintiff and opined, “I don’t believe [plaintiff is] competitively employable,” and Dr. Manning opined, “The severity of [plaintiff’s] neuropsych[...]

Nov 17, 2010

Workers’ Compensation – Six Back Injuries – Two Carriers – Apportionment Impossible

Shaw v. Halifax County. (Lawyers Weekly No. 10-08-1084, 12 pp.) (Laura Kranifeld Mavretic, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Kim Ledford. I.C. Nos. 194799, 531625, 783037, 783038, 795384 & 889462. Holding: While working as a paramedic, plaintiff sustained six back injuries between April 15, 2005, and Oct. 31, 2008. One carrier was […]

Sep 27, 2010

Workers’ Compensation – Aggravation of Pre-Existing Condition – Apportionment – Medical Expenses – Speculation

Burroughs v. Laser Recharge of Carolinas, Inc. (Lawyers Weekly 10-16-0932, 9 pp.) (John C. Martin, Ch.J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The Industrial Commission did not err in finding that the plaintiff’s compensable injury aggravated his pre-existing conditions, and that the plaintiff was entitled to compensation for medical expenses incurred in [&helli[...]

Jul 16, 2010

Workers’ Compensation – Total Disability – Knee Injury – Unrelated Cancer – Surgery Delay – Apportionment – Suitable Employment – Estoppel

Shupe v. City of Charlotte Plaintiff's compensable knee injury required surgery, but, in order to undergo surgery, she would have needed to stop chemotherapy for her unrelated cancer.

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