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Tag Archives: Workers Compensation

Workers’ Compensation – Constructive Refusal of Employment – Continuation of Benefits – Attorney’s Fees (access required)

McLaughlin v. Staffing Solutions. (Lawyers Weekly No. 10-07-0747, 21 pp.) (Donna S. Stroud, J.) Appealed from the Industrial Commission. N.C. App. Holding: An employee who was terminated for cause after suffering a compensable injury is still entitled to benefits if ...

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No comp for woman who slipped on ice at employer’s back door (access required)

The long-established "coming and going rule" was the center of Tuesday's Court of Appeals ruling denying workers' comp benefits to a woman who slipped on black ice three steps away from the door of her employers' building just as she was preparing to unlock it. But a five-page dissent making the argument for a less narrow interpretation of the rule will likely bring the issue before the N.C. Supreme Court. Charlotte attorney Jason McConnell (pictured), who represented the employer and its insurance carrier in the claimant's appeal from the N.C. Industrial Commission, said he was pleased with the ruling.

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Workers’ Compensation – Causation – Occupational Disease – Rotator Cuff Tear – Ergonomic Expert – Co-Worker’s Performance (access required)

Smith v. Valley Proteins. (Lawyers Weekly No. 10-16-0717, 17 pp.) (Sanford L. Steelman Jr., J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Since the evaluation of an occupational disease hinges on the characteristics of the particular job, and ...

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Workers’ Compensation – Medical Expenses – Lengthy Hospitalization – Parents’ Visits – Extensive Burns – Care & Therapy – Attorney’s Fees (access required)

Price v. Piggy Palace. (Lawyers Weekly No. 10-07-0674, 18 pp.) (Linda Stephens, J.) Appealed from the Industrial Commission. N.C. App. Holding: Plaintiff suffered extensive burns to his legs when a co-worker tripped and spilled hot grease on him. During his ...

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Workers’ Compensation – Employment Relationship – Payment by the Hour – Supervision – Credibility – Late Payment Fee – Appeals (access required)

Morales-Rodriguez v. Carolina Quality Exteriors, Inc. (Lawyers Weekly No. 10-07-0670, 8 pp.) (John C. Martin, Ch.J.) Appealed from the Industrial Commission. N.C. App. Holding: Where plaintiff testified that he was hired, paid by the hour and supervised by defendants, and ...

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