*Lassiter v. Town of Selma — This is another classic ‘Adams Appeal,’ as touched on briefly in the blog post below. In Adams, the North Carolina Supreme Court held that as long as there is any evidence in the record to support the Commission’s finding of fact, that finding will […]
Author: Martin & Jones
Hospital Mistakes and Cover-Ups
Medical mistakes are increasing and hospitals and doctors don’t want patients to know about it. I see this everyday in the dozens of phone calls Martin & Jones gets from patients who were injured by a mistake made by a doctor or a nurse. But you don’t have to take […]
Court of Appeals: July Round-Up (Part 1)
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 All of its workers’ compensation opinions were ‘unpublished,’ which means that they are not controlling legal authority.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: *Spears v. Tyson Foods, Inc. — […]
Masood v. Erwin Oil: Interest on Unpaid Medical Bills?
In a recent unpublished opinion, the Court of Appeals opened the door to awarding an injured worker interest on unpaid medical bills when the workers wins a denied claim. In Masood v. Erwin Oil Co. (Masood II), the Court remanded the case to the Industrial Commission for additional findings of […]
Explosion at ConAgra Plant in Garner
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 at UNC Hospital […]
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 […]
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 […]
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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“I would like to leave a testimonial thanking Steven and Allison for their care and understanding. Steven’s pursuit and success in getting some compensation for our loss. A final closure of our loss of brother Mike. Thanks to Martin & Jones for looking after Mike’s care since his injury in 2005. You have been there for Mike and his family for a long time. Mike passed in 2016 and you stood for the family up to the present (July 2017). Many thanks.”
– Dan
