Young v. Lowes Home Center, Inc. (Lawyers Weekly No. 012-190-16, 13 pp.) (Ann Marie Calabria, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Even though plaintiff’s doctors didn’t actually prescribe MRIs of plaintiff’s shoulder, since both doctors recommended ...

Tagged with: Medical Treatment

McAfee v. Boczar The 4th Circuit reduces an attorney’s fee award of $322,340.50 to a flat fee of $100,000, in this suit in which the plaintiff won a jury award of $2,943.60 for her claim that defendant deputy sheriff violated her Fourth Amendment rights by arresting her without probable cause to believe the plaintiff had violated a Virginia statute requiring disclosure of the location of a dog who bit plaintiff.

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Cagle v. Marriott/Guilford College Even though the defendant-employer treated plaintiff’s sexual harassment claim as a workers’ compensation issue and paid her therapy expenses for 17 years, plaintiff’s sexual harassment by her supervisor did not arise out of her employment. Therefore, the Industrial Commission lacks jurisdiction over her claim.

Tagged with: Medical Treatment Sexual Harassment Workers’ Compensation

Solomon v. NC State Veterans Nursing Home-FayettevilleWhere plaintiff’s medical evidence showed that she had been released to work with restrictions, it was insufficient to prove disability under the medical evidence prong of Russell v. Lowes Product Distribution, 108 N.C. App. 762, 425 S.E.2d 454 (1993).

Tagged with: disability insufficient findings Medical Treatment Workers’ Compensation

Carr v. DHHS The Parsons presumption — addressing whether additional medical treatment is related to a prior injury — may apply when plaintiff’s injury is wholly different from the one accepted on the Form 60. In this case, plaintiff proved her neck injury was causally related to her left hand injury and therefore compensable. However, the Industrial Commission failed to make findings that plaintiff made a reasonable effort to obtain alternative employment, or that to do so would be futile because of preexisting conditions; therefore, plaintiff’s disability ruling is remanded.

Tagged with: disability Medical Treatment Parsons Presumption Workers’ Compensation

Archie v. Kirk While the defendant-employer sometimes paid plaintiff a lump sum amount, plaintiff was often paid by the hour when he replaced billboard advertisements for defendant. Although defendant exercised little control over plaintiff, plaintiff was regularly, albeit intermittently, hired by defendant from 2004 until Oct. 10, 2006.

Tagged with: employment relationship Medical Treatment Workers’ Compensation