In Green-Brown v. Sealand Service, the Fourth Circuit held that under the Longshore and Harbor Workers’ Compensation Act (LHWCA), hearing loss determinations can only be accepted under the Act if they are done according to the AMA Guides. The plaintiff was a long-term shipping container repairman, who was exposed to loud noises from air hammers, impact […]
Law Blog
Ann speaks to Charlotte cycling group
Ann Groninger spoke last night with Charlotte’s Dirt Divas, a womens’ mountain biking group whose members ride together and provide service to the community. Many of the women also ride on the road and wanted to understand their legal rights and responsibilities as cyclists. Ann spoke and answered questions about the rules of the road, insurance […]
Today’s workers’ compensation decisions by the NC Court of Appeals
Alston v. Federal Express is another decision on workers’ compensation liens, and how they are handled by superior courts under N.C.G.S. 97-10.2(j). In a 10.2(j) action, “the judge shall determine, in his discretion, the amount, if any, of the employer’s lien, whether based on accrued or prospective workers’ compensation benefits, and the amount of cost of […]
This week’s personal injury case from the NC Court of Appeals
The court issued an unpublished opinion about a pedestrian-vehicle auto accident in Hill v. Thompson this week. In the case, the 15-year-old plaintiff crossed a highway near her home, not at a crosswalk, and was struck by defendants’ vehicle. Defendants argued that plaintiff could not recover at all because she was contributorily negligent (partially at fault) for […]
This week’s workers’ compensation decisions by the NC Court of Appeals
The Court of Appeals released two opinions this week on workers’ compensation. In the first opinion, Fonville v. General Motors, the most significant holding concerned the defendants’ unilateral termination of benefits. In this case, the plaintiff was hurt when she was struck in the head by a tent pole at a corporate event, and the […]
Valerie speaking at 2009 WILG conference about workers’ compensation for undocumented workers
Valerie Johnson is speaking at the 2009 annual conference of the Workers Injury Law & Advocacy Group (WLIG), to be held in Denver from October 16-19. WILG is a national non-profit membership organization dedicated to representing the interests of injured workers. Valerie is presenting on the “Hop Topics” panel, and will be discussing recent developments concerning […]
New statute of repose for product liability goes into effect today
A host of new laws passed by the North Carolina legislature earlier this year take effect today. Among them is a law that extends the statute of repose for consumers injured by defective products from six years to twelve years.
Study shows that unions help make family-friendly workplaces
“Family-Friendly Workplaces: Do Unions Make a Difference?,” written by Jennifer MacGillvary of the Labor Center at the University of California-Berkeley and Netsy Firestein of the Labor Project for Working Families, concludes the unions lead to workplaces that, through policy and practice, promote a healthy and viable balance between work life and home life. Significantly, the study […]
Labor market continues to worsen
As our clients continue to tell us, the current labor market is an incredibly brutal environment for workers seeking work. Nationally, the number of job openings per person looking for a job is at a record low. Hopefully, the Senate will soon pass the 13-weeek unemployment extension that recently passed in the House.
USW workers ratify Goodyear contract
The United Steelworkers (USW) announced that workers overwhelmingly ratified a new four-year agreement covering about 10,000 union members at seven Goodyear Tire and Rubber Co. plants, including the plant in Fayetteville, North Carolina. The new pact provides job security and maintains quality, affordable health care for the union members. It also provides for a commitment by Goodyear […]