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Tag Archives: Workers Compensation

Workers’ Compensation – Occupational Disease – Chemical Exposure – Insufficient Showing – Post-Renovation Testing (access required)

Huffman v. Moore County. (Lawyers Weekly No. 10-07-1216, 32 pp.) (Sam Ervin IV, J.) Appealed from the Industrial Commission. N.C. App. Click here for the full text of the opinion. Holding: Even though plaintiffs argue that the testing done on ...

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Workers’ Compensation – Neck & Back Injury – Credibility – Bus Driver – Minor Collision – Medical Testimony (access required)

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 . . .

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Workers’ Compensation – Average Weekly Wage – Waitress – Reported Income – Job Offer – Unjustified Refusal (access required)

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 in basing plaintiff's average weekly on the amount of income she reported to the IRS. We affirm the commission's award of benefits.

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Workers’ Compensation – Injury by Accident – Knee Injury – Running Up Stairs – Emergency Response (access required)

Holsworth v. N.C. Department of Correction. (Lawyers Weekly No. 10-08-1080, 11 pp.) (Victoria M. Homick, Deputy Commissioner) I.C. No. W26295. Holding: Prison emergencies were too infrequent for plaintiff’s response to them to become a regular part of her job. Therefore, ...

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