NC DOT liable after pedestrian struck in Chapel Hill crosswalk
Action: Negligence Injuries alleged: Orbital, nasal, lumbar spine, shoulder, pelvis, tibula, and fibula fractures and post-concussive syndrome Case name: Huggins v. North Carolina Department of Transportation Case no.: […]
Court clears mother to sue trooper in fatal crash
RALEIGH — The mother of a North Carolina university student killed while on a ride-along in a Highway Patrol cruiser can continue suing for gross negligence the trooper who drove […]
Third party can’t sue over employee’s work injury
The North Carolina Court of Appeals dismissed a third-party claim against an employer, ruling that an injured employee could not meet exceptions to the Workers’ Compensation Act, thus upholding the act's exclusivity provision.
Right to remain silent for Industrial Commission
A full North Carolina Industrial Commission may reconsider evidence before the deputy commissioner, receive additional evidence and amend the deputy commissioner’s award where it finds “good ground” to do so, […]
Administrative – Industrial Commission Fee Schedule – Hospitals & Ambulatory Surgical Centers
Surgical Care Affiliates, LLC v. North Carolina Industrial Commission (Lawyers Weekly No. 011-368-17, 12 pp.) (Wanda Bryant, J.) Appealed from Wake County Superior Court (Paul Ridgeway, J.) N.C. App. Holding: […]
Industrial Commission awards $280K to injured bus rider
In January 2009, 4-year-old Griffin Riso had gotten off of his school bus and was crossing the street toward his waiting mother when the bus driver accelerated. Griffin had not […]
Daughtridge appointed to Industrial Commission
Bill Daughtridge, North Carolina’s secretary of administration, has been appointed a commissioner of the state’s Industrial Commission, Gov. Pat McCrory’s office announced Feb. 12. Daughtridge fills the vacancy created when […]
Workers’ comp case turns into debate over attorney fees
The N.C. Industrial Commission‘s failure to address a portion of a previous order on appeal does not mean it “silently reversed” that element, especially since the defendant failed to appeal […]
Workers’ Compensation – Medical Expenses – Attendant Care – Family Members – Timeliness of Request – Ordinary Expenses of Life – Wife’s Disability
Burroughs v. Laser Recharge of Carolinas, Inc. (Lawyers Weekly No. 14-16-0524, 14 pp.) (Robert C. Hunter, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Defendants challenged the reasonableness […]
Court of Appeals: Industrial Commission must allow offers of proof
In the recent opinion, Willard v. VP Builders, the North Carolina Court of Appeals held that the Industrial Commission must allow offers of proof so the commission has the opportunity to review […]
Workers’ Compensation – Evidence – Offer of Proof – First Impression – Toxicologist – Methadone Levels
Willard v. VP Builders Inc. (Lawyers Weekly No. 14-07-0419, 21 pp.) (Mark Davis, J.) Appealed from the Industrial Commission. N.C. App. Holding: Although workers’ compensation proceedings are not generally subject […]
Tort/Negligence – STCA – Municipal – Civil Practice – Subject Matter Jurisdiction
Simmons v. City of Greensboro (Lawyers Weekly No. 14-16-0322, 8 pp.) (Robert N. Hunter Jr., J.) Appealed from Guilford County Superior Court (A. Moses Massey, J.) N.C. App. Unpub. Holding: […]
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