Call Us 919-240-4054In 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 […]
Workers' Compensation
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 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 […]
Study shows that low wage workers are subject to a host of employment and labor law violations
A new study, “Broken Laws, Unprotected Workers,” shows that employers routinely violate the employment rights of low wage workers, with frequent violations of the wage and hour laws, workers’ compensation laws, and anti-retaliation protections. (The summary of the original study is here.) Here are some of the startling findings: 68 percent of the workers interviewed had […]
Today’s workers’ compensation decisions by the NC Court of Appeals
Clayton v. Mini Data Forms, Inc.: The court held that although the defendants were not entitled to a credit under N.C.G.S. 97-42, an offset of benefits may still be required under Moretz and Rice to avoid the overpayment of benefits. More specific findings were required though, regarding whether “payments made to plaintiff for that work […]
Today’s employment and workers’ compensation decisions by the NC Court of Appeals
Hawkins v. General Electric Co.: The court mostly affirmed an award to the plaintiff based on an occupational disease, contact dermititis, that was causally related to his employment. The court also agreed that he was disabled as long as his condition persisted. Jeffers v. D’Alessandro: The plaintiff, a former player for the Carolina Panthers, had brought […]
Bills protecting workers and consumers signed by Governor Perdue
The Statute of Repose Bill was signed by Governor Perdue on August 5, and becomes effective on October 1, 2009. The bill extends the outer time limit for individuals injured by defective products to file claims. The text of the bill can be found here. The Guaranty Fund Bill, which expands the coverage of the N.C. […]
Today’s workers’ compensation decisions by the NC Court of Appeals
Cannizzaro v. Food Lion: The court affirmed the decision of the Industrial Commission, which found that the plaintiff’s accident caused his psychiatric conditions. The court concluded that, although not a physician, a psychologist specializing in neurological and cognitive psychology with significant experience with traumatic brain injuries was qualified to provide expert testimony. D’Aquisto v. Mission St. […]
Today’s workers’ compensation opinion by the NC Court of Appeals
Leggett v. AAA Cooper Transportation, Inc.: A workers’ compensation case can involve a separate personal injury case against a third party (not the employer) if the third party was responsible for the employee’s injury. When these personal injury cases are resolved, the provider of the workers’ compensation benefits may have a lien on part of the […]
