Call Us 919-240-4054The North Carolina Court of Appeals recently issued several workers’ compensation opinions, though they were all unpublished and did not break any new ground.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 […]
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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, […]
NPR reports on workers’ compensation for military contractors
The NPR program Fresh Air broadcast a story on January 11 titled “Wounded in Wars, Civilian Face Care Battle At Home.” It is based on the reporting on T. Christian Miller and his series of articles, “Disposable Army.” The story discusses what happens to military contractors who are injured while working abroad, and the incredible difficulties they […]
Latest Court of Appeals opinion on workers’ compensation
Just a few days before Christmas, the Court of Appeals published another set of decisions. Barrett v. All Payment Services is workers’ comp case that deals with an injured stuntman. The plaintiff worked as a professional stuntman, and in 1993 he injured his back while performing a car jump stunt on the set of a television series […]
President signs bill extending COBRA and unemployment benefits
On December 21, 2009, President Obama signed a Defense Appropriations Bill, which also included two-month extensions for unemployment benefits and the 65% COBRA subsidy that was in the stimulus package. Specifically, the act extended the COBRA premium reduction eligibility period for two months until February 28, 2010, and increased the maximum period for receiving the subsidy […]
Supreme Court affirms COA on employment at will case
In Franco v. Lipposcience, Inc., the North Carolina Supreme Court affirmed per curiam an NC Court of Appeals decision regarding employment at will. The COA had issued a split-decision earlier this year, with Judge Wynn writing for the majority and Judge Erwin dissenting. The plaintiff, who had been the VP of Marketing, was terminated and sought to […]
New workers’ compensation decisions from Court of Appeals
On December 8, the North Carolina Court of Appeals published a couple of workers’ compensation decisions. In the first, Heflin v. G.R. Hammonds Roofing, the Court faced an unusual situation involving Florida’s workers’ comp laws and a plaintiff’s efforts to delay her own case. Plaintiff’s husband was killed while working in Florida in 2004. Because […]
Advice for workers losing COBRA subsidy
One part of the President’s stimulus package early this year provided a 65% subsidy for COBRA health insurance benefits. The subsidy, however, only lasts nine months, so it expiring for many people soon. Unfortunately, Congress has failed to extend the benefit yet, though it may still do so early next year. This NY Times article has very […]
Valerie speaking at 2009 workers’ compensation CLE on benefits for state employees
Valerie Johnson is speaking at tomorrow’s NCAJ 2009 Workplace Torts and Workers’ Compensation CLE, to be held in Chapel Hill. Valerie’s presentation topic and paper are entitled State Employee Benefits and Workers’ Comp: 2009 Update. One of the significant changes to be discussed is that Corvel Corporation is now the administrator of workers’ comp benefits on behalf […]
Genetic Information Nondiscrimination Act now in effect; extension for unemployment still needed
The Genetic Information Nondiscrimination Act (GINA), which was passed last year, goes into effect this weekend with regard to its ban on employment discrimination. GINA prohibits employers from requesting genetic testing or considering someone’s genetic background in hiring, firing or promotions. The EEOC’s new website is a good source of information on the Act. While Congress did […]
