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May 2009 Archives

Silva v. Lowe's: Taking Additional Evidence on Remand

In an opinion filed May 19, 2009, the Court of Appeals gave the Industrial Commission broad discretion to take additional evidence when a case has been remanded for 'proper findings of fact.' Silva v. Lowe's Home Improvement, No. COA08-93 (2009).

Welcome to The Injured Worker Blog

This blog will cover issues and news about workers' compensation and workplace accidents in North Carolina. In exploring legal issues relevant to workers' compensation claims, the firm hopes to provide a valuable resource for both injured workers in North Carolina and for the attorneys who practice in this area.

Freeman v. Rothrock: Supreme Court Rejects 'Larson Test'

In a per curiam decision issued May 1, 2009, the Supreme Court overturned the Court of Appeals decision holding that an inured worker was barred from receiving workers' compensation benefits because he failed to disclose prior problems with his back. The Supreme Court did not issue an opinion. Rather, they adopted the dissent of Judge Wynn in the Court of Appeals case.


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