Call Us 919-240-4054On August 2, 2011, the NC Court of Appeals decided the case of Capps v. Southeastern Cable, in which it held that an installer of cable TV and internet services was an employee, and not an independent contractor. The Court based its decision on the conditions of the employment, and gave no weight to the […]
Valerie to serve as secretary-treasurer of NCAJ’s Workers’ Compensation Committee
Valerie has accepted the position of secretary-treasurer of the North Carolina Advocates for Justice’s Workers’ Compensation Section. The Workers’ Comp Section is focused on the rights of injured workers in North Carolina and seeks to educate and assist attorneys in their practices.
Ann Groninger on Bike Law cycling tour
Ann Groninger embarked on a four day cycling tour of the Blue Ridge in support of Bike Law, the cyclist’s resource for legal advice and representation in North Carolina. The crew included attorneys and cyclists from South Carolina on a route through Little Switzerland and Asheville, North Carolina. Ann is a cyclist who uses her bike for […]
Win in Court of Appeals: Campbell v. National Pipe and Plastics
Although the employer and insurance company refused to pay for time out of work following an admitted workers’ compensation injury, the North Carolina Court of Appeals found that defendants were liable in Campbell v. National Pipe and Plastics. The Court awarded benefits for Ms. Campbell’s time out of work and for treatment for depression caused by the pain and inability to work from the […]
NC Advocates for Justice hails consensus bill
The text of the NCAJ’s post is reproduced below: RALEIGH, N.C. (May 26 , 2011) – An agreement has been reached on specific adjustments to HB 709, commonly referred to as the Workers’ Compensation Reform Bill. Parties including politicians, the NC Chamber of Commerce, the NC Advocates for Justice, the North Carolina Republican Attorneys Association, […]
Court sides with plaintiff, dismissing appeal in workers’ comp case
In Evans v. Hendrick Automotive Group, the North Carolina Court of Appeals ruled that defendants improperly appealed a non-final decision of the Industrial Commission, and dismissing their appeal. Ms. Evans was an office manager for a Hendrick dealership in Texas. She was injured during a business trip to Charlotte, while she was walking back from an employer-sponsored dinner […]
Valerie speaks at workers’ compensation roundtable
On Friday, Valerie Johnson spoke at the 16th Annual Workers’ Comp Roundtable, a CLE put on by the North Carolina Advocates for Justice. Valerie spoke on how to protect a client’s future health insurance benefits in a workers’ compensation case, including benefits under the State Health Plan.
Supreme Court issues important decision in discrimination case
In Staub v. Proctor Hospital, the US Supreme Court just issued an important unanimous decision in this military-service-based discrimination case. This case concerns the so-called “cat’s paw” theory of liability, under which one supervisor acts with discriminatory intent against the plaintiff, but the plaintiff is actually fired by another supervisor. The case arose under the Uniformed Services […]
NC Supreme Court sends parking lot case back to Commission
The North Carolina Supreme Court has sent a tricky workers’ compensation case back the Industrial Commission for additional fact-finding. Cardwell v. Jenkins Cleaner involves a plaintiff who was injured when she slipped on some black ice three feet away from the back door to her office. Our coverage of the Court of Appeals’ split-decision in […]
Fourth Circuit rules USERRA retaliation claim can go to trial
In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on his USERRA retaliation claim. USERRA is a federal statute that protects armed service members from being discriminated in employment because of their service. Like other anti-discrimination […]
