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Workers Compensation

May 3, 2023

Workers’ Compensation – Parsons Presumption – Defense Experts – Compensability

Where the compensability of plaintiff’s 2010 back injury had already been admitted by the defendant-employer, the Commission could reject defense experts’ opinions – that plaintiff’s current complaints were not compensable – which were based on the experts’ conclusions that plaintiff’s 2010 injury was not compensable. We affirm the Commission’s award of medical benefits. Generally,[...]

Mar 24, 2023

Workers’ Compensation – First Impression – Temporary Total Disability – Extended Benefits – Burden of Proof

On a matter of first impression, the court construes the “extended benefits” available under G.S. § 97-29(c), i.e., temporary total disability benefits past the usual 500 weeks, to be available under the same terms as temporary total disability benefits; however, a plaintiff seeking extended benefits no longer enjoys a presumption of continuing disability and must […]

Oct 3, 2022

Workers’ Compensation – Fall – Unknown Cause – Idiopathic Conditions – Chemical Fumes 

Even though plaintiff had chronic medical conditions – hypertension, diabetes and obesity – which, if left uncontrolled, could cause a syncopal episode, plaintiff was not feeling sick or nauseated on the day of his fall at work until he mixed a second batch of chemicals consisting of acid powder and Dytek, which has a “very […]

Jun 20, 2022

Workers’ Compensation – Occupational Disease – Labrum Tear – Expert Testimony – Cross-Appeal

While plaintiff’s surgeon said he would expect to see the same degenerative conditions in anyone’s 58-year-old shoulder regardless of occupation, this does not undercut his expert opinion that plaintiff was “at a little bit greater risk because of her job” as a mold line operator, which required her to engage in repetitive motions while she […]

Jun 20, 2022

Workers’ Compensation – Appeals – Issue Preservation – Opioid Addiction Treatment

Plaintiff argued that opioid medications should continue to be prescribed and paid for by defendants. Defendants raised the issue of whether some prescriptions were related to plaintiff’s compensable work-related injury. However, neither party raised the issue of treatment for opioid dependence. In awarding plaintiff benefits for treatment for opioid addiction, the Industrial Commission created [...]

Jun 20, 2022

Workers’ Compensation – Causation – NASCAR Tire Carrier – Rule Change

An announced NASCAR rule change and defendant’s ranking of its crew members had caused plaintiff to lose his tire-carrier position before he was injured, and, once the rule went into effect, plaintiff and other employees who had held the eliminated position were all terminated. Plaintiff’s on-the-job injury, which occurred between the announcement of the rule […]

May 26, 2021

Man hit by car while clearing trees settles claim for $1.35M 

  A 20-year-old who was injured while he was working on a roadway maintenance crew has settled his workers’ compensation claim for $1.35 million, his attorney reports.   Ben Whitley of Whitley Law Firm in Raleigh reports that his client, who works for a company based in North Carolina, was clearing trees near Interstate 20 in Douglas County, Georgia, in September 2019 when he was[...]

Oct 8, 2019

Injured trucker settles suit for $2.37M

  A former truck driver who was injured in a work-related accident will receive $2.37 million after he settled a lawsuit against his former employer and its insurance company, his attorneys report. Michael Greer and John Hensley of Hensley Cloninger in Asheville report that their client, Kenneth Nightingale was hurt tractor trailer collision. His injuries […]

May 9, 2019

Teen hurt in work-related crash settles for $3.85M

  A teen who was permanently and totally disabled in a car wreck while working for his family’s business has settled a workers’ compensation claim for $3.85 million, his attorney reports. Matthew Sullivan of White and Allen in Kinston represented the teen, whose name was withheld in order to protect his privacy and that of […]

Feb 14, 2019

Fall from ladder spurs $3.5M workers’ comp claim

  Editor’s note: This settlement report was submitted to us in January 2017, but was never published due to an editorial oversight. It should have been included in our Top Verdicts & Settlements list for 2017 but wasn’t. Lawyers Weekly regrets the error and has taken measures to prevent such oversights from happening in the […]

Feb 14, 2019

Judge could alter workers’ comp attorney fee award

  Superior court judges have the discretion to consider additional evidence when deciding whether to award additional attorney fees involving workers’ compensation claims and home health care aides, the North Carolina Supreme Court has ruled. The decision overturns a 2016 Court of Appeals ruling and holds that a Buncombe County Superior Court judge didn’t exceed […]

Feb 12, 2019

Paralyzed worker settles for $2.4M

  A woman injured in 2015 after falling over a box at work has settled her claims for more than $2.4 million, her attorneys report. Many of the facts of the case have been withheld pursuant to a confidentiality agreement. According to an attorney for the plaintiff, Steven Corriveau of Martin & Jones in Raleigh, […]

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