In Taylor v. Town of Garner, the Court of Appeals affirmed the decision of the Industrial Commission, agreeing that Officer Taylor is entitled to workers’ compensation benefits from the Town of Garner for the serious injury he suffered while working as a mounted officer at an N.C. State football game. Because Officer Taylor was working pursuant […]
Industrial Commission
NC Court of Appeals cases on REDA and appellate procedure
Two opinions of note were issued by the North Carolina Court of Appeals yesterday. The first, Beard v. Cumberland County Hospital System, concerns North Carolina’s Retaliatory Employment Discrimination Act (REDA). REDA prohibits discrimination or retaliation against an employee for, among other things, filing a workers’ compensation claim. N.C. Gen. Stat. § 95-241(a)(1). The discrimination or retaliation can be […]
Valerie presents at workers’ compensation CLE on contempt proceedings
Valerie Johnson spoke today at the NC Advocates for Justice CLE on “Navigating Claims Through the Industrial Commission.” Valerie’s presentation was entitled “In Contempt? — Contempt Proceedings at the Industrial Commission.” She covered the current state of the law regarding contempt and other means by which parties are forced to comply with the orders and rulings of […]
NC Court of Appeals concludes unexpected injury not covered by workers’ compensation
The North Carolina Court of Appeals recently issued an interesting opinion in Gray v. RDU Airport Authority. In the case, the plaintiff — a traffic control officer — was directing traffic in front of the airport terminals when he stepped backward onto a sloping part of a crosswalk and felt a sharp “pop,” later revealed to […]
NC Supreme Court approves Industrial Commission’s transition process
On Friday, in Baxter v. Danny Nicholson, Inc., the North Carolina Supreme Court upheld an Industrial Commission decision that defendants had attacked on the grounds that one of the Commissioners was not authorized to exercise his powers on the day of the decision. The case arose out of the transition when one of the Commissioners was […]
NC Court of Appeals’ latest decisions on workers’ compensation and medical malpractice
Earlier this month, the North Carolina Court of Appeals issued several notable decisions. In Soder v. Corvel Corp., the Court effectively reminded workers’ compensation litigants to timely file their appeals to the Industrial Commission. In this case, after noticing his appeal of the Deputy Commissioner’s decision to the Full Commission, the plaintiff missed his deadline for […]