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Tag Archives: Workers Compensation

Workers’ Compensation – “Make-Work” – Proffered Job – Employee Refusal – Maximum Medical Improvement (access required)

Nobles v. Coastal Power & Electric Inc. Even though the position offered to plaintiff was not always filled, it had been intermittently filled in the past. Where plaintiff had at times been required to drive farther than 60 miles to work in his previous position, there was evidence to support the Industrial Commission's determination that plaintiff's refusal of the position was not based on its distance from his home; rather, plaintiff refused the position because he would not have a company vehicle in the new position. We affirm the commission's denial of temporary total disability benefits past plaintiff's maximum medical improvement date.

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Workers’ Compensation – Third-party Settlement – Claim of Lien – Jurisdiction – G.S. § 97-10.2 (access required)

Kingston v. Lyon Construction Co. Because the settlement agreements between the claimant and manufacturers of asbestos products have already been performed, those settlements are final pursuant to G.S. § 97-10.2(j), which is sufficient to invoke the trial court's subject matter jurisdiction. The employer's filing of a Rule 60(b) motion to introduce newly-discovered evidence prior to the issuance of a final order was premature. The trial court's findings of fact demonstrate that it did not abuse its discretion when it reduced the employer's lien rights to zero.

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Workers’ Compensation – Maximum Medical Improvement – Back Injury – Conflicting Opinions (access required)

Ollis v. SGL Carbon, LLC.(Lawyers Weekly No. 10-08-1043, 5 pp.) (Bernadine S. Ballance, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Robert W. Rideout Jr. I.C. No. 310055. Holding: Even though Dr. Del Curling, hired by defendant to give ...

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Workers’ Compensation – Average Weekly Wage – Deputy Sheriff – State Fair – Unofficial Employee Loan (access required)

Denning v. N.C. Department of Agriculture. Apparently without an official agreement, the Wake County Sheriff's Office lent deputy sheriffs to defendant to provide security at the annual state fairs. Plaintiff suffered a broken wrist while providing security at the 2007 state fair. Using the fifth statutory method to determine plaintiff's average weekly wage, the Industrial Commission calculates plaintiff's wage based upon his hourly wage.

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Workers’ Compensation – Causation – Credibility – Back Injury – Conflicting Accounts – Delayed Report (access required)

Velazquez v. Collins Landscaping & Tree Service. (Lawyers Weekly No. 10-08-1045, 5 pp.) (Staci T. Meyer, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Ronnie E. Rowell. I.C. No. 995252. Holding: Plaintiff gave conflicting histories to his medical providers, ...

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