Quantcast
Home (page 10)

Tag Archives: Workers Compensation

Workers’ Compensation – Death Benefits – Cab Driver – Independent Contractor (access required)

Lee v. City Cab of Tarboro Plaintiffs’ decedent leased a cab from the defendant-cab company, decedent had the freedom to decline a fare, and the cab company did not treat decedent as an employee with respect to workers’ compensation insurance and social security contributions. Although decedent was not allowed to hire assistants, she signed a non-compete agreement, and the nature of the work was non-specialized, the balance of the factors weighs in favor of finding that decedent was an independent contractor rather than an employee. We affirm the Industrial Commission’s finding that it lacked jurisdiction over plaintiffs’ claim for workers’ compensation benefits.

Read More »

Workers’ Compensation – Disability – Futility – Back Injury – Medical Evidence (access required)

Adams v. Parts Unlimited Where plaintiff proved disability by “the production of evidence that he is capable of some work but that it would be futile because of preexisting conditions, i.e., age, inexperience, lack of education, to seek other employment,” Russell v. Lowes Product Distribution, 108 N.C. App. 762, 425 S.E.2d 454 (1993), plaintiff was not required to also produce medical evidence that he physically or mentally incapable of work in any employment. We affirm the Industrial Commission’s award of ongoing temporary total disability and medical benefits.

Read More »

Workers’ Compensation – Death Benefits – Course of Employment – ‘Pickrell’ Presumption (access required)

Gray v. United Parcel Services, Inc. A defense expert testified that decedent’s death was unrelated to his work and was the result of an acute cardiac event. The expert’s testimony was sufficient to rebut the Pickrell presumption that decedent’s death arose out of decedent’s employment, and the Industrial Commission failed to properly complete the remainder of the Pickrell analysis. We remand for a determination of whether the widow met her burden of proving that the death arose out of the course and scope of employment.

Read More »

Workers’ Compensation – Temporary Total Disability – Average Weekly Wage (access required)

Thompson v. STS Holdings, Inc. A plaintiff who was injured while working a contract job for one of several employers is entitled to only $30 per week in temporary total disability compensation. Plaintiff was an Airframe and Power Plant Mechanic (A&P mechanic) who worked contract jobs in the airline maintenance industry for various employers. STS Holdings, Inc. (STS) is a company specializing in providing contract aviation technicians to the aerospace industry.

Read More »

Workers’ Compensation – Disability – Doctor’s Testimony – Contradictory Conclusions (access required)

Minor v. United Health Services, Inc. The Industrial Commission found - based on the doctor it found most credible - that plaintiff's continuing back pain is likely attributable to factors unrelated to her back injury, such as her obesity and age. Despite making this finding of fact, the commission concluded that plaintiff was entitled to disability compensation. The commission's findings of fact do not support its conclusion that plaintiff's inability to obtain employment was caused by her work injury. Reversed and remanded.

Read More »

Workers’ Compensation – Average Weekly Wage – Occupational Disease (access required)

Johnson v. Covil Corp. The Industrial Commission's determination of a plaintiff's death benefit must be reversed as erroneous and the case remanded for more specific findings as to why the first method of calculation of G.S. § 97-2(5) would be unjust and for a recalculation of the plaintiff's benefit. Accordingly, this matter will be reversed and remanded.

Read More »

Workers’ Compensation – Temporary Total Disability – Average Weekly Wage – Authorized Medical Care (access required)

James v. Carolina Power & Light The Industrial Commission did not err by ordering reinstatement of a plaintiff's temporary total disability benefits but did err in (1) calculating her average weekly wage and (2) limiting medical care authorized to that received by the plaintiff on or after a certain date. An employee's "average weekly wages" are computed pursuant to G.S. § 97-2(5), which sets forth, in preferential order, five methods by which such calculation may be made.

Read More »

Workers’ Compensation – Written Notice – Untimely – No Prejudice – Actual Knowledge – Investigation & Treatment – Appeals – Interlocutory (access required)

Gregory v. W.A. Brown & Sons Even though plaintiff's written notice of her compensable injury was not timely, since the defendant-employer had actual notice of the injury, had an opportunity to investigate, and helped plaintiff get prompt medical attention, defendants were not prejudiced by the untimeliness of the written notice. We affirm the Industrial Commission's award of benefits.

Read More »