Call Us 919-240-4054The 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 […]
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Latest workers’ compensation decision from NC Court of Appeals
Earlier this week, the North Carolina Court of Appeals published its latest workers’ compensation decision in Hedges v. Wake County Public School System. In this case, the plaintiff had stumbled and fell when she walked into a workroom to make copies of payroll materials. The plaintiff did not trip on something; she simply stumbled and fell. Because of […]
NC Court of Appeals on workers’ compensation for parking lot injuries
The latest workers’ compensation opinion from the North Carolina Court of Appeals, Cardwell v. Jenkins Cleaner, addresses the “going and coming” rule. “As a general rule, injuries occurring while an employee travels to and from work do not arise in the course of employment and thus are not compensable.” This “going and coming” rule has further evolved […]
NC Court of Appeals July 20, 2010 decisions on workers’ compensation — part 2
The third workers’ compensation decision that the North Carolina Court of Appeals issued last week was Reaves v. Industrial Pump Service, a case that had already been to the Court last year. Under the Pickrell presumption, “When an employee is found dead under circumstances indicating that death took place within the time and space limits of […]
NC Court of Appeals July 20, 2010 decisions on workers’ compensation — part 1
On July 20, 2010, the North Carolina Court of Appeals issued four published opinions regarding workers’ compensation. The first decision, Morales-Rodriguez v. Carolina Quality Exteriors, Inc., concerned whether the plaintiff was an employee or an independent contractor of the defendant. The plaintiff sought benefits for injuries sustained when he fell from a building at Nags Head, […]
NC Court of Appeals’ latest workers’ compensation decisions
The North Carolina Court of Appeals has issued two workers’ compensation cases of note in its latest batch of decisions. The first, Woodliff v. Fitzpatrick, concerned whether the plaintiff’s employer had three or more employees. An employer is subject to the Workers’ Compensation Act only if it “regularly employs” three or more employees. See N.C. Gen. Stat. § […]