Prior to the 2011 amendments, the employer and its insurance company did have access to information about the injured worker’s medical treatment. They were entitled to receive copies of the worker’s medical records for treatment of the workplace injury. Moreover, they could also hire a nurse case manager to attend […]
Category: Workers’ Compensation
Workers’ Comp: 2011 Reforms — Medical Privacy of Injured Workers Is Stripped Away
Workers’ Comp: 2011 Reforms — Employers Seize Tighter Control of Medical Treatment
It has long been an axiom of workers’ compensation in North Carolina that the employer ‘directs medical care.’ In other words, once an employer accepts responsibility for a claim, the employer gets to choose the injured worker’s doctor. Obviously, the choice of doctor can have a tremendous impact on an […]
Workers’ Comp: Suspending Weekly Benefits of Noncompliant Employees
To suspend an employee’s benefits for failure to comply with vocational rehabilitation the employer must file a petition with the Industrial Commission. After a telephonic hearing, the Commission then renders a decision. But what must the employer prove to suspend benefits? In Powe v. Centerpoint Human Resources, the Court of […]
Workers’ Comp: Is North Carolina’s OSHA Protecting NC Workers?
1. According to the News & Observer piece, NC-OSHA reforms that were implemented after the tragic fire at the chicken plant in Hamlet have begun to slip. The article cites a sharp drop in both inspections and citations: ‘N.C. OSHA inspections and citations have dropped sharply. Total citations sank to […]
Workers’ Comp: Employee or Independent Contractor? Court of Appeals Sheds Light
In Capps v. Southeastern Cable, the employee was hired by Southeastern to install cable TV an internet service for Time Warner cable customers. Southeastern told its installers that they were being hired as independent contractors rather than employees. Installers were required to provide a certificate of insurance showing that they […]
Workers’ Comp: Court of Appeals Restores Common Sense to Notice Requirements
N.C.G.S. 97-22 requires an injured employee to provide the employer ‘written notice of the accident’ within 30 days (emphasis added). In Gregory v. W.A. Brown & Sons (Gregory II), the Court of Appeals has concluded that an employer who had actual notice of an accident was not prejudiced by the […]
House Bill 709: A Radical Attack on Injured Workers in North Carolina
Big business and insurance company lobbyists have pressured some of our legislators to file a bill, House Bill 709, that is a radical attack on the rights of injured workers. The bill has many objectionable provisions, but here are some of the worst: With few exceptions, the bill limits both […]
Contributory negligence law allows negligent contractor to avoid responsibility for workplace injury
Over the last two weeks, our firm represented a man who lost his leg in a workplace injury. Everyone agreed the workplace was exceedingly dangerous. Worker’s compensation paid for his medical bills and provided him with a modest income for a period of time. Eventually, our client settled with his […]
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 […]
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 […]
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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
