Call Us 919-240-4054Last 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 […]
Workers' Compensation
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The North Carolina Court of Appeals recently issued several workers’ compensation opinions, though they were all unpublished and did not break any new ground.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, […]
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 […]
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 […]
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 […]
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, […]
Valerie presenting on workers’ compensation and Social Security in Washington, DC
Valerie Johnson is speaking today at a seminar entitled Implications of Developments in Workers’ Compensation for Social Security Disability Insurance. The program is hosted by the Social Security Administration and the National Academy of Social Insurance (NASI), and is being hosted at the National Press Club in Washington, DC. Valerie’s specific topic is “Navigating Workers’ […]