Call Us 919-240-4054Alston 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 […]
Workers' Compensation
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 […]