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Tag Archives: Workers Compensation

Tort/Negligence – Workers’ Compensation – Woodson & Pleasant Claims – Electrocution – Untrained Groundman – Appeals – First Impression (access required)

Estate of Vaughn v. Pike Electric, LLC Plaintiff’s allegations – that the defendant-supervisor directed an untrained groundman to perform dangerous tasks involving power lines – are sufficient to state a tort claim against the supervisor. However, plaintiff has failed to show that the defendant-employer knew or should have known about the supervisor’s actions; therefore, plaintiff’s tort claim against the employer is barred by the exclusivity provision of the Workers’ Compensation Act.

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Workers’ Compensation – Waiver of Right to Contest – G.S. § 97-18(d) – Medical Expenses – Injury – Chemical Exposure – Evidence (access required)

Alston v. NC A&T State University Even if defendants paid for a medical exam more than 90 days before they denied plaintiff’s workers’ comp claim, since the Workers’ Compensation Act distinguishes between compensation and medical benefits, the payment of plaintiff’s medical expenses would not waive defendants’ right to contest compensability under

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Bar is high and issues complex in worker’s comp cases (access required)

Restitution

Worker’s compensation law has a long and winding history in the North Carolina. The cases – which are difficult, emotional, and time-consuming – also become more complicated as the workplace changes and legal standards evolve. The majority of worker’s compensation case claims are dealt with on an administrative level. The more complex cases are handled via hearings before the Industrial Commission, created by the General Assembly in 1929 to administer the North Carolina Workers’ Compensation Act.

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Workers’ Compensation – Carrier on the Risk – Construction Project – Subcontractor’s Policy Cancellation – Agency – Ineffective – General Contractor – Failure to Obtain Certificate (access required)

Gonzalez v. Worrell : Our Court of Appeals held that Where the defendant-subcontractor’s insurer could not produce the green signature card from its certified-mail cancellation of the subcontractor’s workers’ compensation policy, the insurer failed to prove that it successfully completed the process for canceling the subcontractor’s policy set out in G.S. § 58-36-105(b). Justice Beasley took no part in the consideration or decision of this case, and the remaining members of the court are equally divided. Accordingly, the Court of Appeals’ decision is left undisturbed and stands without precedential value.

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Workers’ Compensation – Evidence – Video Surveillance – Admissibility – Adequate Foundation – Missing Seconds – Weight – Appeals (access required)

Bowman v. Cox Toyota Scion Defendants presented evidence concerning the operation of the defendant-employer’s video camera, the chain of custody of the DVDs that were made by the employer’s vice-president, and testimony that the videotape had not been edited and that the picture fairly and accurately recorded the actual appearance of the area photographed. Defendants thus laid an adequate foundation, and the Industrial Commission erred by refusing to consider the surveillance videos.

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