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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 […]
Category: Workers’ Compensation
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 […]
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 […]
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 All of its workers’ compensation opinions were ‘unpublished,’ which means that they are not controlling legal authority.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. — […]
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 […]
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In a recent unpublished opinion, the Court of Appeals opened the door to awarding an injured worker interest on unpaid medical bills when the workers wins a denied claim.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 […]
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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