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, the state’s Court of Appeals has held in a case ...

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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: The purpose of 2013 N.C. Sess. Laws ch. 410, § ...

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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 yet cleared the path of the bus, his attorney says, ...

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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 former commission chair Drew Heath was appointed to serve as ...

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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 the element with particularity, the N.C. Court of Appeals recently ...

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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 of the timing of plaintiff’s request for reimbursement for attendant ...

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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 its ruling on the evidence and the appellate court can ...

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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 to the rules of procedure and evidence that govern our ...

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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: The Tort Claims Act only authorizes claims against agencies of ...

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Yerby v. North Carolina Department of Public Safety (Lawyers Weekly No. 14-07-0158, 10 pp.) (Rick Elmore, J.) Appealed from the Industrial Commission. N.C. App. Holding: Pursuant to G.S. § 97-84, the Industrial Commission has the authority to reverse a salary ...

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