Industrial Commission

Mar 6, 2013

Workers’ Compensation – Average Weekly Wage – Successive Injuries – Disability

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 disc[...]

Feb 19, 2013

Report: NC fails to track, punish uninsured firms

The state agency that decides how thousands of people are compensated for workplace injuries does a poor job of making sure companies obey a law requiring them to carry insurance, the state's internal government watchdog reported Tuesday.

May 27, 2011

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

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 cl[...]

Apr 15, 2011

Bills would bring sweeping changes to workers’ comp system

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 emp[...]

Mar 23, 2011

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

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 . . .

Jan 12, 2011

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

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. […]

Jan 12, 2011

Workers’ Compensation – Mediated Settlement – Enforcement – Severability – Release of Employment Rights

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 . . .

Jan 12, 2011