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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 […]
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. […]
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 […]
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In a recent unpublished opinion, the Court of Appeals opened the door to awarding an injured worker interest on unpaid medical bills when the workers wins a denied claim.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 […]
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 […]
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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“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.”
– Mike
