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Tag Archives: Workers Compensation

Workers’ Compensation – Average Weekly Wage – Asbestosis – G.S. § 97-2(5) – G.S. § 97-54 (access required)

Pope v. Johns Manville. The commission should use one of the first four methods for calculating the claimant's average weekly wage set out G.S. § 97-2(5) unless it makes sufficient findings and conclusions to allow use of the fifth method set out in that statutory provision. We remand to the commission for reconsideration of the amount of weekly disability benefits to which the claimant is entitled, with instructions that the commission should reconsider the method of calculating the average weekly wage to be utilized in determining the claimant's weekly disability benefit payment and make any findings and conclusions that are necessary for the implementation of the calculation method that it ultimately deems appropriate.

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Practical Litigator: Employer negligence? Make sure the order spells it out

We all know that minor settlements need to be approved by a judge. But try and find the statute or case law requiring this exercise. Speaking objections cannot be made during depositions. But other than a handful of local rules that prohibit the use of speaking objections, try to find binding North Carolina case law or statutory authority that establishes such a rule. And so it is with the issue of employer negligence when plaintiffs move to reduce or strike a workers' compensation lien. Whenever lawyers discuss third-party workplace cases the first question in the conversation typically relates to the amount of the subrogation lien.

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Workers’ Compensation – Attorney’s Fees – Unexplained Fall – Causation (access required)

Hedges v. Wake County Public School System. When an employee falls at work in the course of her duties, the injury is compensable even if the cause for the fall cannot be determined. Attorney's fees are awarded when a party continues to pursue a case that is not based on reasonable grounds. We affirm the decision of commission and the award of attorneys' fees to plaintiff.

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Workers’ Compensation – Causation – Hip Condition – Avascular Necrosis – Fall at Work – Alcoholism & Smoking (access required)

McLemore v. Garner Construction Co. (Lawyers Weekly No. 10-08-0836, 5 pp.) (Laura Kranifeld Mavretic, Commissioner) (Danny Lee McDonald, Commissioner, dissenting without written opinion) Appealed from Opinion & Award of Deputy Commissioner Robert J. Harris. I.C. No. 224154. Holding: Although on ...

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Workers’ Compensation – Medical Benefits – Knee Injury – Future Replacement – Discovery Violations (access required)

Innes v. Kmart/Sears Holdings Corp. (Lawyers Weekly No. 10-08-0788, 6 pp.) (Laura Kranifeld Mavretic, Commissioner) Appealed from Opinion & Award of Deputy Commissioner George R. Hall III. I.C. 234063. Holding: Although plaintiff has managed her knee pain with a brace ...

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Workers’ Compensation – Medical Benefits – Knee Injury – Future Replacement – Discovery Violations (access required)

Innes v. Kmart/Sears Holdings Corp. Although plaintiff has managed her knee pain with a brace and Celebrex for longer than her doctor believed she would be able to, it is still likely that she will need a total replacement in the future because of her compensable knee injury.

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Workers’ Compensation – Accident – Causation – Permanent Total Disability – Exposure to Unknown Substance (access required)

Duckworth v. SGL Carbon. (Lawyers Weekly No. 10-16-0769, 18 pp.) (Linda Stephens, J.) Appealed from the North Carolina Industrial Commission. N.C. App. Unpub. Holding: The Industrial Commission did not err when it adopted a deputy commissioner’s opinion and award of ...

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