Call Us 919-240-4054In Kee v. Caromont Health, Inc., the North Carolina Court of Appeals upheld the Industrial Commission’s rejection of a compromise settlement agreement. The agreement originally reached by the parties involved the defendants paying plaintiff $20,000, the plaintiff resigning from her employment, and the plaintiff releasing all of her employment rights. After plaintiff refused to sign the […]
Workers' Compensation
NC Supreme Court denies review in Taylor v. Town of Garner; win for plaintiff
The North Carolina Supreme Court denied the defendants’ petition for discretionary review (PDR) in Taylor v. Town of Garner. The Court of Appeals decided earlier this year that Officer Taylor is entitled to workers’ compensation benefits from the Town of Garner for the injury he suffered while working as a mounter officer at an N.C. […]
Latest COA decisions on workers’ compensation
The North Carolina Court of Appeals published two decisions on workers’ compensation this month. The first case, Kingston v. Lyon Construction, concerns workers’ compensation liens and third-party recoveries. The plaintiff was exposed to asbestos on the job and developed illness as a result. He was awarded workers’ compensation benefits, and brought and settled tort cases against manufacturers […]
NC Court of Appeals rejects workers’ comp claim as time-barred
In an opinion issued two weeks ago, Johnston v. Duke University Medical Center, the North Carolina Court of Appeals concluded that the plaintiff’s occupational disease workers’ compensation claim was time-barred. The plaintiff had been a nurse at Duke, and developed several conditions in her left foot: plantar fasciitis, tarsal tunnel syndrome, and Achilles tendinopathy. These conditions developed […]
NC Court of Appeals rejects another Woodson claim
Earlier 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 […]
Latest workers’ compensation opinion from NC Court of Appeals
On September 21, 2010, the North Carolina Court of Appeals released its latest batch of opinions, which included one published case on workers’ compensation. In Pope v. Johns Manville, the Court issued a second opinion in this case after granting defendants’ petition for rehearing. The Court’s first opinion in this case, issued earlier this year, […]