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Tag Archives: Industrial Commission

Workers’ Compensation – Occupational Disease – Chemical Exposure – Insufficient Showing – Post-Renovation Testing (access required)

Huffman v. Moore County. (Lawyers Weekly No. 10-07-1216, 32 pp.) (Sam Ervin IV, J.) Appealed from the Industrial Commission. N.C. App. Click here for the full text of the opinion. Holding: Even though plaintiffs argue that the testing done on ...

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Workers’ Compensation – Neck & Back Injury – Credibility – Bus Driver – Minor Collision – Medical Testimony (access required)

Garner v. Capital Area Transit. The plaintiff-bus driver's only medical evidence came from a doctor who relied on plaintiff's version of the collision of two buses, one of which rolled a few feet back and bumped plaintiff's stationary bus. Plaintiff's version of the accident . . .

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Commissioner: Dog had no intrinsic value to its owners (access required)

A Jack Russell terrier that died due to the negligence of the N.C. State University Veterinary Teaching Hospital had no intrinsic value to its devoted owners, a deputy commissioner for the N.C. Industrial Commission has ruled. Deputy Commissioner George T. Glenn II awarded only the $2,755 in veterinary bills that were presented to the couple after their 12-year-old dog died in the intensive-care unit of the hospital, saying that the plaintiffs had failed to prove by the greater weight of the evidence that the dog had any intrinsic value.

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Workers’ Compensation – Average Weekly Wage – Waitress – Reported Income – Job Offer – Unjustified Refusal (access required)

Basile v. Chris's Open Hearth Steak House. Even though the plaintiff-waitress testified that she had signed the defendant-restaurant's tip ledger when the amount in the ledger did not reflect her actual tips for that shift, the restaurant manager testified that plaintiff was always given the chance to alter the amount on the ledger before signing it. The Industrial Commission did not err in basing plaintiff's average weekly on the amount of income she reported to the IRS. We affirm the commission's award of benefits.

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Workers’ Compensation – Maximum Medical Improvement – Back Injury – Conflicting Opinions (access required)

Ollis v. SGL Carbon, LLC.(Lawyers Weekly No. 10-08-1043, 5 pp.) (Bernadine S. Ballance, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Robert W. Rideout Jr. I.C. No. 310055. Holding: Even though Dr. Del Curling, hired by defendant to give ...

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