Call Us 919-240-4054Earlier this month, the North Carolina Court of Appeals issued an opinion concerning the viability of plaintiff’s Woodson claim — a wrongful death tort action based on an injury sustained at work. In Valenzuela v. Pallet Express Inc., the Court once again rejected a Woodson in what seemed to be an egregious case. Typically, plaintiffs injured […]
Work Injury
Ann prevails in trial to recover workers’ compensation award
On Friday, August 20, 2010, a Cleveland County jury returned a unanimous verdict for our client, Danny Rhodes. Danny was injured at work in 1992 while working for a long haul trucker for Hersek Express Incorporated. Since Hersek had no workers’ compensation insurance, Danny had to get a judgment from a Superior Court judge. When he […]
NC Court of Appeals concludes unexpected injury not covered by workers’ compensation
The North Carolina Court of Appeals recently issued an interesting opinion in Gray v. RDU Airport Authority. In the case, the plaintiff — a traffic control officer — was directing traffic in front of the airport terminals when he stepped backward onto a sloping part of a crosswalk and felt a sharp “pop,” later revealed to […]
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 […]
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, […]
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 […]
Report finds both workers and doctors pressured to avoid reporting workplace injuries
The new report by the Government Accountability Office (GAO) found that both workers and health care professionals are often pressured not to report workplace injuries. The GAO surveyed more than 1,000 occupational health practitioners and found (1) more than two-thirds observed worker fear for reporting an injury or illness, (2) a third said they were pressured […]
Court of Appeals rules attendant care services compensable without pre-approval
When workers are severely injured, they may required attendant care, i.e. assistance in the home such as help with household tasks and personal nursing. Workers’ compensation can cover the costs of this care, if required, even if it is provided by a family member. In recent years, the Industrial Commission, pursuant to its Fee Schedule, […]
Fourth Circuit reverses the Board in Longshoreman Act case
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 […]
Valerie speaks at 2008 AFL-CIO LCC conference on protecting injured workers
Valerie Johnson spoke at the 2008 Annual Conference of the AFL-CIO Lawyers Coordinating Committee (LCC), which was held in Seattle. Valerie’s talk was part of a session concerning health and safety for workers. She presented a paper, written with Narendra Ghosh, titled “How Can Unions Protect Injured Workers?” Summary: This paper discusses some common problems faced […]