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WC: Nale v. Ethan Allen -- No Evidence of Causation

September 14, 2009 at 8:19 am by Matthew Healey -- The Injured Worker Blog | Profile

On September 1, 2009, the Court of Appeals ("COA") published another batch of opinions, several involving workers' compensation claims. Among them is Nale v. Ethan Allen, in which the COA reversed the Industrial Commission's determination that the worker's left knee injury was caused by the admittedly work-related injury to her right knee.
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NC Workers' Compensation Insurance Rate May Drop

September 3, 2009 at 6:08 pm by Matthew Healey -- The Injured Worker Blog | Profile

The North Carolina Rate Bureau has requested a reduction in rates for workers' compensation insurance.  If granted, the reduction could save North Carolina businesses over $119 million.
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Court of Appeals: July Round-Up (Part II)

August 17, 2009 at 12:55 pm by Matthew Healey -- The Injured Worker Blog | Profile

Moving on to the next batch of unpublished cases issues by the COA in July:
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Court of Appeals: July Round-Up (Part 1)

August 3, 2009 at 9:46 pm by Matthew Healey -- The Injured Worker Blog | Profile

The Court of Appeals ("COA" for short) didn't have much to say on workers' compensation issues last month. All of its workers' compensation opinions were "unpublished," which means that they are not controlling legal authority. Here's a brief round-up of the COA's July opinions:
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Masood v. Erwin Oil: Interest on Unpaid Medical Bills?

June 9, 2009 at 9:55 pm by Matthew Healey -- The Injured Worker Blog | Profile

In a recent unpublished opinion, the Court of Appeals opened the door to awarding an injured worker interest on unpaid medical bills when the workers wins a denied claim.
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Explosion at ConAgra Plant in Garner

June 9, 2009 at 3:01 pm by Matthew Healey -- The Injured Worker Blog | Profile

More than two dozen workers were injured following an explosion at the ConAgra plant in Garner, North Carolina this morning. At least two other employees are unaccounted for several hours after the 11:00 a.m. explosion. Several of the injured workers were taken to the Jaycee Burn Center ant UNC Hospital in Chapel Hill.
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Silva v. Lowe's: Taking Additional Evidence on Remand

May 21, 2009 at 3:05 pm by Matthew Healey -- The Injured Worker Blog | Profile

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).
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Freeman v. Rothrock: Supreme Court Rejects "Larson Test"

May 13, 2009 at 8:25 pm by Matthew Healey -- The Injured Worker Blog | Profile

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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Welcome to The Injured Worker Blog

May 13, 2009 at 5:58 pm by Matthew Healey -- The Injured Worker Blog | Profile

The Injured Worker Blog covers North Carolina workers' compensation law and is channeled through Matt Healey, head of the workers' compensation practice group at Martin & Jones.  Matt focuses his practice on protecting the right of injured workers.
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