Call Us 919-240-4054On Friday, in Baxter v. Danny Nicholson, Inc., the North Carolina Supreme Court upheld an Industrial Commission decision that defendants had attacked on the grounds that one of the Commissioners was not authorized to exercise his powers on the day of the decision. The case arose out of the transition when one of the Commissioners was […]
Obama signs bill temporarily extending COBRA, unemployment benefits; longer extension being considered
On March 2, President Obama signed the Temporary Extension Act of 2010 (summary here), a bill that will extend the 65 percent premium COBRA subsidy through March 31, 2010, and unemployment assistance benefits through April 5, 2010. The Senate passed this bill after Republican Senator Jim Bunning finally abandoned his misguided efforts to block it. On […]
NC Court of Appeals’ latest decisions on workers’ compensation and medical malpractice
Earlier this month, the North Carolina Court of Appeals issued several notable decisions. In Soder v. Corvel Corp., the Court effectively reminded workers’ compensation litigants to timely file their appeals to the Industrial Commission. In this case, after noticing his appeal of the Deputy Commissioner’s decision to the Full Commission, the plaintiff missed his deadline for […]
DC Circuit restricts scope of Lilly Ledbetter Act
The federal D.C. Circuit Court of Appeals issued a decision last month, in Shuler v. PriceWaterhouseCoopers, sharply restricting the scope of the Lilly Ledbetter Fair Pay Act, which President Obama signed into law soon after entering office. The Fair Pay Act extends the timely filing deadlines for certain discriminatory employment actions, specifically those involving “discrimination in […]
Brief filed for police officer in workers’ compensation appeal
In Taylor v. Town of Garner, a workers’ compensation case, we have filed a brief with the North Carolina Court of Appeals. Officer Taylor is a veteran of the Garner police force who was injured while providing official inter-agency assistance at an N.C. State football game. The primary issue is whether the Town of Garner is solely liable […]
Fourth Circuit affirms sexual harassment verdict
In King v. McMillan, the Fourth Circuit affirmed a jury verdict and the court’s rulings in a sexual harassment case. The plaintiff, a former deputy in a sheriff’s office, had been sexually harassed by the sheriff over several years. A jury awarded her compensatory and punitive damages on her claims of battery and sexual harassment under Title […]
NC Court of Appeals’ latest decisions on workers’ compensation and personal injuries
Last week, the North Carolina Court of Appeals published four opinions in workers’ compensation and personal injury cases. In Berardi v. Craven County Schools, the Court considered and described the Industrial Commission’s new process for expedited medical motions, which speed up resolution of medical treatment disputes in workers’ compensation cases. At issue was whether the employer […]
Improvements for employer-provided health insurance
The Obama administration proposed new rules recently that should improve insurance coverage of mental health care for more those fortunate to have medical insurance through their jobs. The rules implement the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). Under the rules, employers and group health plans generally cannot […]
Recent NC COA workers’ compensation decisions
The North Carolina Court of Appeals recently issued several workers’ compensation opinions, though they were all unpublished and did not break any new ground. In Pope v. Johns Manville, the Court upheld the Industrial Commission’s decision that the plaintiff had developed asbestosis from asbestos exposure during the 50’s and 60’s, that the testimony of plaintiff’s rebuttal […]
Recent Fourth Circuit labor and employment decisions
The Fourth Circuit has published opinions in three labor and employment cases in recent weeks. The first case, Sepulveda v. Allen Family Foods, Inc., concerned a Fair Labor Standards Act (FLSA) collective action that was brought on behalf of a class of current and former employees of a chicken processing plant. The employees claimed, among other things, […]
