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Tag Archives: Industrial Commission

Workers’ Compensation – Average Weekly Wage – Successive Injuries – Disability (access required)

Helfrich v. Coca-Cola Bottling Co. Consolidated Plaintiff suffered four work-related injuries, and the Industrial Commission found that he was totally disabled by the last two; however, the Commission based plaintiff’s compensation rate on his average weekly wage at the time of his fourth injury (which was lower than his average weekly wage at the time of his third injury) without discussing the application of G.S. § 97-34

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Tort/Negligence – Industrial Commission – Medical Malpractice – Rule 9(j) (access required)

Stevenson v. N.C. Dep't of Correction A medical malpractice claim against a state agency filed under the Tort Claims Act must comply with N.C. R. Civ. P. 9(j), which requires a showing that an expert will testify that care was substandard or that there was negligence under res ipsa loquitur. We affirm the dismissal of the complaint without prejudice; we also remand for correction of clerical error.

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Bills would bring sweeping changes to workers’ comp system (access required)

North Carolina's workers' compensation system has been around since the late 1920s. Every few decades it gets a bit of an overhaul, with the last one coming 15 years ago. But the renovations anticipated in a Republican-backed bill under consideration in the General Assembly could lead to seismic changes in the system, which is designed to make injured workers whole and prevent lawsuits against employers. Critics of the current system say it can reward people for staying out of work and provides the potential for abuse. But those who support the status quo say the changes being proposed are draconian and would unfairly limit the rights of injured workers.

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Workers’ Compensation – Rule 60(b) Motion – New Evidence – Functional Capacity Evaluation – Abuse of Discretion (access required)

Brinn v. Weyerhaueser Co. (Lawyers Weekly No. 11-16-0037, 13 pp.) (Barbara Jackson, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Click here for the full text of the opinion. Holding: Where the plaintiff’s psychiatric evaluation and FCE did not ...

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Workers’ Compensation – Mediated Settlement – Enforcement – Severability – Release of Employment Rights (access required)

Kee v. Carmomont Health Inc. Even if the improper provision - requiring plaintiff to resign - were severed from the parties' mediated-settlement agreement, the agreement would not be enforceable because it failed to include a statement required by . . .

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