In a recently issued case, Evans v. Hendrick Automotive Group, the Court of Appeals affirmed the Industrial Commission’s decision to award workers’ compensation benefits to a woman who was severely injured while returning to her hotel after a dinner party sponsored by her employer. The dinner party was part of […]
Category: Workers’ Compensation
Workers’ Comp: Court of Appeals to Employers — Supply the Booze, You Well May Lose
Workers’ Comp: Court of Appeals Delivers Just Result for Temporary Employees
It is common knowledge, especially in these dismal economic times, that businesses often hire temporary workers, or “temps,” to cut down on labor costs. By contracting with a temp agency to provide workers, a business can avoid the expenses of hiring a new employee – such as payroll taxes and […]
Workers’ Comp: Can an Employer Have its Injured Worker Declared Permanently and Totally Disabled?
The statute that governs occupational death claims in North Carolina, Section 97-38, sets a time limit for allowing such claims to proceed. An injured worker’s dependents are eligible for death benefits if her death occurs within (a) 6 years of the injury or occupational disease or (b) 2 years of […]
Workers’ Comp: New Study — &ldquo ; Injury is a failure of management.’
Two scholars from the University of Georgia recently performed a study of workplace conditions that contribute to workplace injuries, and the findings are eye-opening. According to the article, an employer’s management, organization, and work-life balance have an effect on injury rates. An employer that runs a ‘smooth and effective’ operation […]
Workers’ Comp: 2011 Reforms — Medical Privacy of Injured Workers Is Stripped Away
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 […]
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 […]
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“We would like to express our gratitude to you (Hunt Willis) for accepting our case. First of all, when I called this law firm, a very sweet and kind lady answered the telephone and gave me assurance by asking and going over the accident with me, while my husband was in the hospital. I felt assured I was doing the right thing for us. She was so helpful in so many ways. What a professional lady. Secondly, we are much pleased that you have settled this case with the insurance company to receive the proper amount to assist us in so many ways. My husband and I are very happy with you and the firm in handling our case. You made us have confidence in your professional and integrity along with your assistant Ms. Routh, when you both came to see us in our home, in which we saw your compassion and thoughtfulness at that time. We will never forget what you have done for us, and we thank the lord for directing me to contact this firm. I’m glad I did.”
– Linda
