Call Us 919-240-4054The North Carolina Court of Appeals has held in James v. Integon National Insurance Company that a driver of a motor vehicle did not have access to the underinsured motorists (UIM) coverage of his fiance, because the driver lived with his fiance and she had not listed him on her policy. The driver was involved […]
NC Court of Appeals
Court of Appeals says that employer had notice of injury, cannot direct medical care
Today, a three-judge panel of the North Carolina Court of Appeals held that an employee of Bank of America did not need to give written notice of his injury, where he was hit by a car while driving at work. The employee called his employer from the car, and several co-workers went to help him, […]
Win for CWA Local in Court of Appeals
The North Carolina Court of Appeals issued an opinion today in favor of the Communication Workers of America and their Local Chapter 3602 in Fisher v. CWA. The case was the first case that we know of brought under North Carolina’s Identity Theft Protection Act. The Business Court, Judge Albert Diaz, and the Court of Appeals […]
Court of Appeals decides two new workers’ compensation cases
On August 2, 2011, the NC Court of Appeals decided the case of Capps v. Southeastern Cable, in which it held that an installer of cable TV and internet services was an employee, and not an independent contractor. The Court based its decision on the conditions of the employment, and gave no weight to the […]
Court sides with plaintiff, dismissing appeal in workers’ comp case
In Evans v. Hendrick Automotive Group, the North Carolina Court of Appeals ruled that defendants improperly appealed a non-final decision of the Industrial Commission, and dismissing their appeal. Ms. Evans was an office manager for a Hendrick dealership in Texas. She was injured during a business trip to Charlotte, while she was walking back from an employer-sponsored dinner […]
NC Court of Appeals’ latest decisions on workers’ compensation
The North Carolina Court of Appeals published two opinions on workers’ compensation earlier this month. The first, Blalock v. Southeastern Materials, involved an award of attorneys’ fees as a sanction for unreasonable defense. N.C.G.S. § 97-88.1 permits the Industrial Commission to award a plaintiff the costs of his attorneys’ fees if the case had been defended without […]