An administrative law judge erred in according little weight to a North Carolina Department of Health and Human Services determination that the Social Security claimant qualified as disabled. The ALJ also did not properly consider the limited extent to which ...

Tagged with: disability

Holding: Plaintiff produced evidence that it would be futile for him to seek work. Since defendant’s vocational expert did not take into account that plaintiff is a 55-year-old manual laborer with a limited education and lifting restrictions, defendant has failed ...

Tagged with: disability

Carter v. Barnes Transportation (Lawyers Weekly No. 012-136-17, 18 pp.) (Lucy Inman, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Although the Industrial Commission muddled a doctor’s distinctions between permanent work “restrictions” and the “limitations” that plaintiff would ...

Tagged with: disability

Neckles v. Harris Teeter (Lawyers Weekly No. 012-016-17, 12 pp.) (Ann Marie Calabria, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Even though a vocational rehabilitation specialist testified only that it would be “difficult” to place plaintiff in ...

Tagged with: disability

O’Neal v. Inline Fluid Power, Inc. (Lawyers Weekly No. 010-008-17, 1 p.) (Per Curiam) Appealed from the Industrial Commission. On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: We improvidently granted discretionary review of the Court of ...

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Thomas v. The Salvation Army Southern Territory (Lawyers Weekly No. 001-155-16, 21 pp.) (Wilkinson, J.) No. 14-2214, Nov. 8, 2016; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: A woman who claims defendant charitable organizations unlawfully refused to admit ...

Tagged with: disability

Scott v. Scott (Lawyers Weekly No. 012-211-16, 4 pp.) (Richard Dietz, J.) Appealed from Cumberland County District Court (Laura Devan, J.) N.C. App. Unpub. Holding: The trial court erred when it lumped the defendant-husband’s military retirement pay and disability pay ...

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Watson v. Johnston County Emergency Services (Lawyers Weekly No. 012-200-16, 11 pp.) (Richard Dietz, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: It is true that, in Carothers v. Ti-Caro, 83 N.C. App. 301, 350 S.E.2d 95 (1986), ...

Tagged with: disability

Slice-Sadler v. Principal Life Insurance Co. (Lawyers Weekly No. 003-016-16, 9 pp.) (Loretta Biggs, J.) 1:15-cv-00216; M.D.N.C. Holding: The defendant-insurer continued to offer plaintiff benefit increases (in return for increased premiums) while it was denying her claim for benefits arising ...

Tagged with: disability

McLean v. Baker Sand & Gravel (Lawyers Weekly No. 012-179-16, 18 pp.) (Wanda Bryant, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Even given plaintiff’s narrow work experience – as a farmhand in his youth and 30 years ...

Tagged with: disability