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Tag Archives: Job Search

Help Wanted: Legal experience not necessarily a virtue (access required)

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The tumultuous tales of two lawyers selected to fill high-level public positions in the Carolinas show that legal chops may not count for much when an attorney is named as executive in charge of a sprawling state agency. N.C. Public Safety Secretary Kieran Shanahan, a former federal prosecutor and Gov. Pat McCrory appointee, lasted six months on the job before he abruptly resigned citing family reasons – but also after it was revealed that he was moonlighting at his law firm.

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Workers’ Compensation – Injury by Accident – Unusual Circumstance – Disability – Termination – Job Search (access required)

Salomon v. Oaks of Carolina Even though under-staffing had become the norm, such that nursing assistants like plaintiff often had to move patients on their own, in this case, the circumstances were unusual because the patient pushed back as plaintiff tried to move him. We affirm the Industrial Commission’s determination that plaintiff’s injury was compensable. However, we reverse and remand for further findings as to the issue of plaintiff’s temporary total disability.

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Workers’ Compensation – Subject Matter Jurisdiction – New York Job – N.C. Contract – Disability – Job Search (access required)

Anderson v. Butler International, Inc. Even though plaintiff was hired to work in New York, the employment contract was formed in North Carolina when defendant telephoned plaintiff at his home in North Carolina, offered plaintiff the job, and plaintiff accepted. Therefore, the N.C. Industrial Commission has jurisdiction over plaintiff’s workers’ compensation claim.

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Workers’ Compensation – Disability – Job Search – Anxiety Disorder (access required)

Rosenberger v. City of Raleigh Where two defense witnesses testified regarding specific jobs that they believed were suitable for plaintiff in light of his age, education, work experience, and physical restrictions, this evidence was sufficient to meet defendants’ burden to rebut the presumption of continuing disability. We affirm the Industrial Commission’s termination of benefits.

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Workers’ Compensation – Disability – Job Search – Reasonableness – Truck Driver (access required)

Franklin v. Broyhill Furniture Industries When a truck driver has limited his job search to truck-driving positions, before the Industrial Commission can conclude the truck driver is disabled, the Commission must make findings and conclusions explaining why the limitation on his job search was reasonable. We affirm in part but reverse and remand on the issue of disability. Defendant argues that, when relying on an unsuccessful job search to prove disability, a claimant must produce evidence and the Commission must find that he unsuccessfully searched for employment in fields other than the one in which he was employed at the time he was injured. We disagree.

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