Tag Archives: Medical Treatment

Civil Rights – Lawyer Fee Reduced for ‘Paltry’ Jury Award (access required)

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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Workers’ Compensation – ‘Arising Out Of’ – Sexual Harassment – Medical Treatment – 17 Years (access required)

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.

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Workers’ Compensation – Disability – Insufficient Findings – Unsuitable Position Offer – Medical Treatment (access required)

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).

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Workers’ Compensation – Parsons Presumption — Causal Link – Disability – Medical Treatment (access required)

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.

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Workers’ Compensation – Employment Relationship – Independent Contractor Factors – Billboard Replacement – Medical Treatment (access required)

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.

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