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Workers’ Compensation – Credibility – Doctors’ Opinions – Depression Aggravation
The Industrial Commission based its determination of plaintiff’s credibility on her treating physicians’ belief in her credibility (along with confirmation from objective testing). Although the physicians expressed concern that plaintiff had not revealed that she suffered from psychological issues before her slip and fall at work, their testimony nevertheless shows that the doctors found plain[...]
Workers’ Compensation – Credibility – Witness’s Text Message – Doctor’s Opinion
Brewer v. First Stop Core & Battery, LLC (Lawyers Weekly No. 012-162-17, 10 pp.) (John Arrowood, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Even though a witness’s text message indicates that she saw plaintiff fall at work, we cannot reconsider the weight the Industrial Commission gave to this piece of evidence alongside […]
Workers’ Compensation – Credibility – Shoulder Injury – Slip & Fall on Roof – Causation
Trudel v. TCI Architects/Engineers/Contractor (Lawyers Weekly No. 012-143-16, 10 pp.) (Richard Dietz, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Given the changes plaintiff made in the date and description of his purported on-the-job accident, as well as problems with his only corroborating witness’ story, the record supports the Industrial Commission’s determinatio[...]
Workers’ Compensation – Credibility – ‘Arising out of’ – Supervisor’s Instructions – Regular Duties – Broken Ankle – Shoulder Condition
Keaton v. ERMC III (Lawyers Weekly No. 012-128-16, 17 pp.) (Linda Stephens, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Although the deputy commissioner did not believe plaintiff when he testified that he did not hear his supervisor tell him not to touch a dangling light fixture, on appeal the Industrial Commission found […]
Workers’ Compensation — Credibility – Doctor’s Opinion
Collins v. Seaton Corp. (Lawyers Weekly No. 15-16-0376, 9 pp.) (Douglas McCullough, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The Industrial Commission’s findings show that it considered the testimony of plaintiff’s treating physician; however, since the physician’s opinion was based on the story plaintiff told about injuring himself at work – a […]
Workers’ Compensation — Credibility – Causation – Pre-Existing Condition – Back Pain
Lowe v. Branson Automotive (Lawyers Weekly No. 15-07-0351, 21 pp.) (Rick Elmore, J.) Appealed from the Industrial Commission. N.C. App. Holding: Plaintiff’s doctors testified that his prior back problems – which plaintiff had failed to tell them about – would have been key factors in their determination as to what was causing plaintiff’s current back […]
Immigration — Shaky Credibility Different from ‘Misrepresentation’
Yang v. Holder (Lawyers Weekly No. 14-01-1031, 30 pp.) (King, J.) No. 13-1682, Oct. 29, 2014; On Petition for Review; 4th Cir. Holding: The 4th Circuit grants a Chinese native’s petition for review of Board of Immigration Appeals decisions affirming denial of his various applications for relief from deportation; the BIA erred by affirming a […]
Workers’ Compensation — Causation – Neck Condition – Co-Worker’s Testimony – Plaintiff’s Credibility
Bass v. Harnett County (Lawyers Weekly No. 14-16-0952, 13 pp.) (Linda Stephens, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Even though some parts of a co-worker’s testimony might have supported plaintiff’s claim that she injured her neck at work, the Industrial Commission could rely on the co-worker’s recounting of the events at […]
Domestic Relations – Equitable Distribution – Marital Debt – Credibility – Alimony – Amount & Duration
Ritchie v. Ritchie Even though the defendant-husband presented evidence that he made $94,929 in post-separation payments towards marital debts, it was within the trial court’s province to believe or disbelieve the husband’s evidence.
Workers’ Compensation – Back Injury – Credibility
King v. Capital of Cary The only evidence regarding how plaintiff injured his back and neck consists of the account given by plaintiff and the statements of others that are based on plaintiff’s account. Once the Industrial Commission rejected that account, no evidence remained indicating that plaintiff sustained his injury in a work-related accident.
Criminal Practice – Constitutional – Double Jeopardy — Sexual Assault & Kidnapping – Restraint –Expert Witness — Credibility
State v. Martin Where defendant restrained the victim solely for the purpose of committing sexual assaults and strangulation, the restraint operated as an inherent part of the sexual offenses and the strangulation and cannot satisfy the restraint element of kidnapping.
Workers’ Compensation – Causation – Credibility – Disability – Insufficient Showing
Hutchens v. Lee Where there were differences in the histories plaintiff gave to the two doctors who testified, it was up to the Industrial Commission to choose which doctor to believe. We may not second-guess the Commission on this point.
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Commentary
- Amotion sees resurgence after almost a decade
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- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
