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Banks Add Monthly Debit Card Fees To Recoup Income Lost Through Capped Processing Charges

October 13, 2011

Recently, Bank of America announced that it would charge customers a fee of $5.00 per month in any month that the customer uses a debit card to make a purchase. The move created a firestorm among Bank of America customers, who launched a barrage of email complaints and an Internet […]

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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 […]

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Noted Professor Offers Ray of Hope for Class Action Litigants

September 27, 2011

Many legal commentators interpreted the United States Supreme Court’s April 11 decision in ‘AT&T Mobility v. Concepcion’ as the death knell of consumer class actions. In AT&T, a divided Supreme Court held that the Federal Arbitration Act preempts, or invalidates, any state law which established a higher threshold for enforceability […]

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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 […]

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9/11 Health and Compensation Act Doesn’t Cover Cancer

When the World Trade Center was built decades ago, asbestos was used as a building material, including as fireproofing that was sprayed onto the beams of the building during construction. A number of workers who were involved in the construction later developed asbestos related diseases like malignant mesothelioma (a virulent […]

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Consumer Financial Protection Bureau Begins Work

September 14, 2011

A new national consumer protection agency has begun work on behalf of American consumers. The Consumer Financial Protection Bureau (CFPB) was established in June 2010 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The new agency is charged with ensuring consumers have the information they need […]

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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 […]

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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 […]

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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 […]

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U.S. Dept. of Health Again Confirms Asbestos as Cause of Mesothelioma and Lung Cancer

The 12th Report on Carcinogens was released by U.S. Department of Health and Human Services Secretary Kathleen Sebelius on June 10, 2011. The Report on Carcinogens is prepared by the National Toxicology Program. The purpose of the congressionally mandated and science-based document is to identify substances and exposure circumstances that […]

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The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.