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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 […]

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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 […]

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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 All of its workers’ compensation opinions were ‘unpublished,’ which means that they are not controlling legal authority.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. — […]

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Deaths from Mesothelioma Continue to Increase

A report by the CDC (Centers for Disease Control and Prevention) suggests that deaths from malignant mesothelioma are increasing and will continue to increase over the coming years. The CDC report states that the total number of deaths from malignant mesothelioma increased 8.9% from 1999 to 2005, from 2,482 in […]

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EPA Designates Libby, Montana as a Public Health Emergency

On June 17, 2009, the Environmental Protection Agency (EPA) issued a finding that the conditions in Libby, Montana constitute a Public Health Emergency. This is the first time in history that the EPA has issued the Public Health Emergency determination under Superfund law.   The source of contamination is the […]

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Proposed Settlement for Asbestos-Contaminated CSI Toys

A settlement has been proposed in the nationwide class action against CBS Broadcasting, Inc. and several major toy retailers. The settlement, if approved by the court, will grant refunds to consumers who purchased the CSI: Crime Scene Investigation Fingerprint Examination Kit or the CSI: Crime Scene Investigation Forensic Lab Kit. […]

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Asbestos Testing for Homeowners

Homeowners often ask us about testing for asbestos-containing products in their homes. This is a legitimate concern, because even relatively low amounts of exposure to asbestos can increase one’s risk of developing diseases such as mesothelioma. Visit the Info Barrel article suggesting tips for homeowners concerned about asbestos in the […]

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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 […]

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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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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 […]

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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.”

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