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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 […]
Bias of Arbitration Service Exposed
The National Arbitration Forum (“NAF”), the largest arbitration company in the nation, recently announced that it would discontinue conducting consumer arbitrations. The move comes as a result of a lawsuit filed against NAF by the Minnesota Attorney General. That suit and others followed accusations that NAF, though holding itself out […]
The Synergistic Effect of Asbestos Exposure and Cigarette Smoking
Research has proven that exposure to asbestos is a cause of lung cancer in humans. Cigarette smoking is another known cause of lung cancer. However, the combination of asbestos exposure and smoking is far more likely to cause lung cancer than either factor by itself. This is known as the […]
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 […]
Owens Corning Bankruptcy Trust Reduces Payment Percentage
In 1953, Owens Corning began distributing asbestos-containing insulation (under the Kaylo brand name). This later resulted in numerous lawsuits filed by individuals who developed asbestos-related diseases such as mesothelioma and lung cancer as a result of exposure to asbestos from Owens Corning insulation. In October 2000, Owens Corning filed for […]
To C-Section or Not to C-Section?
If you are given the choice, the decision between having a C-section or a vaginal delivery is an entirely a personal one. There are many pieces of information to consider. One of those considerations has just been made a bit clearer by a study described in the New York Times. […]
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 […]
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 […]
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. — […]
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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