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Monthly Archives: May 2009

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). In Silva, the Industrial Commission originally awarded ongoing disability benefits […]

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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. One […]

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Freeman v. Rothrock: Supreme Court Rejects ‘Larson Test’

In a per curium decision issued May 1, 2009, the Supreme Court overturned the Court of Appeals decision holding that an injured 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 […]

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