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August 2011 Archives

Workers' Comp: Employee or Independent Contractor? Court of Appeals Sheds Light

In a recent opinion, the North Carolina Court of Appeals revisited the issue of whether an injured worker was an employee, and therefore entitled to workers' compensation benefits, or an independent contractor, ineligible for benefits. In finding that the injured worker was an employee, the Court deemed it insignificant that the employer did not deduct taxes from the employee's pay and gave him a 1099 tax form, used for independent contractors.

U.S. Dept. of Health Again Confirms Asbestos as Cause of Mesothelioma and Lung Cancer

The 12th Report on Carcinogens was released by U.S. Department of Health and Human Services Secretary Kathleen Sebelius on June 10, 2011. The Report on Carcinogens is prepared by the National Toxicology Program.

Highly Publicized Arbitration Dispute Demonstrates Juries Should Be Trusted

The highly publicized case of Jamie Leigh Jones, the woman who alleged she was assaulted while working for a defense contractor demonsrates that juries should be trusted. The company wanted Ms. Jones's claim to be arbitrated, in part because companies tend to see arbitration as more favorable. When the case was tried before a jury, the jury weighed the evidence and gave the company the favorable outcome it wanted: they found that the evidence did not support Ms. Jones's claims.

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