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Workers’ Compensation – Clincher Agreement – Release of Liability – Fair & Just – G.S. § 97-17(b)(1)
Blake v. Cree, Inc. (Lawyers Weekly No. 10-16-1184, 15 pp.) (Linda M. McGee, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Click here for the full text of the […]
Workers’ Compensation – Death Benefits – Illegitimate Children – Acknowledgment of Paternity
Smith v. Flatfoot Concrete Construction. When documents show that a mother has told social service agencies that her children do not receive support from their father and that their father is unknown, and when there is little evidence the deceased . . .
Workers’ Compensation – Neck & Back Injury – Credibility – Bus Driver – Minor Collision – Medical Testimony
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 . . .
Tort/Negligence – Animal Law – Negligent Damage to Property – Intrinsic Value
Shera v. N.C. State University Veterinary Teaching Hospital. When a veterinary hospital's negligence causes the death of a dog that served as a companion to its owners, the plaintiffs cannot recover damages as to the dog's intrinsic value. Plaintiffs are, however . . .
Commissioner: Dog had no intrinsic value to its owners
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 u[...]
Workers’ Compensation – Average Weekly Wage – Waitress – Reported Income – Job Offer – Unjustified Refusal
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 [...]
Workers’ Compensation – Findings of Fact – Issues Raised on Appeal – Lifetime Benefits – G.S. § 97-31
Perez v. Clark. (Lawyers Weekly No. 10-16-1068, 20 pp.) (Linda M. McGee, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Click here for the full text of the opinion. […]
Workers’ Compensation – Maximum Medical Improvement – Back Injury – Conflicting Opinions
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: […]
Workers’ Compensation – Average Weekly Wage – Deputy Sheriff – State Fair – Unofficial Employee Loan
Denning v. N.C. Department of Agriculture. Apparently without an official agreement, the Wake County Sheriff's Office lent deputy sheriffs to defendant to provide security at the annual state fairs. Plaintiff suffered a broken wrist while providing security at the 2007 state fair. Using the fifth statutory method to determine plaintiff's average weekly wage, the Industrial Commission calc[...]
Workers’ Compensation – Causation – Credibility – Back Injury – Conflicting Accounts – Delayed Report
Velazquez v. Collins Landscaping & Tree Service. (Lawyers Weekly No. 10-08-1045, 5 pp.) (Staci T. Meyer, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Ronnie E. Rowell. I.C. No. […]
Workers’ Compensation – Occupational Disease – G.S. § 97-53(13) – Findings of Fact
Garcia v. HuffBo, LLC (Lawyers Weekly No. 10-16-1018, 6 pp.) (Donna S. Stroud, J. Appealed from the Industrial Commission. N.C. App. Unpub. Click here for the full text of the […]
Workers’ Compensation – Suspension of Benefits – Willful Refusal to Comply – G.S. § 97-25
Rollins v. Tyco Electronics (Lawyers Weekly No. 10-16-1019, 13 pp.) (Wanda G. Bryant, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Click here for the full text of the […]
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Commentary
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