Economists estimate that spending on medical malpractice– including administrative costs as well as paying jury awards and confidential settlements– adds up to less than one-half of a percentage point of medical spending. A recent New York Times column explored whether this can really be the reason that American health care […]
Author: Martin & Jones
WC: Nale v. Ethan Allen — No Evidence of Causation
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 […]
Bias of Arbitration Service Exposed
The National Arbitration Forum (“NAF”), the largest arbitration company in the nation, recently announced that it would discontinue conducting consumer arbitrations. The move comes as a result of a lawsuit filed against NAF by the Minnesota Attorney General. That suit and others followed accusations that NAF, though holding itself out […]
NC Workers’ Compensation Insurance Rate May Drop
According to a story published on WRAL.com, the North Carolina Rate Bureau has requested a 9.6% decrease in workers’ compensation insurance rates. If the rate adjustment is approved, North Carolina business could save more than $119 million. The North Carolina Chamber of Commerce is constantly clamoring about the need to […]
To C-Section or Not to C-Section?
If you are given the choice, the decision between having a C-section or a vaginal delivery is an entirely a personal one. There are many pieces of information to consider. One of those considerations has just been made a bit clearer by a study described in the New York Times. […]
Court of Appeals: July Round-Up (Part II)
*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 […]
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 […]
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“Forest, once again, my family and I thank you for obtaining another settlement on behalf of my Father. It’s almost uncanny that these checks seem to come at very opportune times. This one comes as we are expecting our fourth grandchild. It will provide her some sound footing towards her future college education, plus help Mom and Dad with the medical expenses. Sometimes, I think my Dad is helping you guys with this. Maybe so. Anyway, thank you again for your hard work.”
– Mike
