Call Us 919-240-4054Last week, the North Carolina Court of Appeals issued two decisions on workers’ compensation. In the first case, Jones v. Steve Jones Auto Group, the plaintiff was a general manager at auto dealerships who sought benefits due to mold exposure – an unlisted occupational disease. Due to the dangerous mold in his office, the plaintiff developed […]
Personal Injury
Costs of workers’ compensation declining for companies
Despite employers’ continual complaints that workers’ compensation costs too much, North Carolina Insurance Commissioner Wayne Goodwin has approved a nearly 10 percent decrease in workers’ compensation insurance policy rates. This demonstrates that a good workers’ compensation system, such as North Carolina’s, can both fairly compensate injured workers and be affordable for companies.
Fourth Circuit reverses the Board in Longshoreman Act case
In Green-Brown v. Sealand Service, the Fourth Circuit held that under the Longshore and Harbor Workers’ Compensation Act (LHWCA), hearing loss determinations can only be accepted under the Act if they are done according to the AMA Guides. The plaintiff was a long-term shipping container repairman, who was exposed to loud noises from air hammers, impact […]
Ann speaks to Charlotte cycling group
Ann Groninger spoke last night with Charlotte’s Dirt Divas, a womens’ mountain biking group whose members ride together and provide service to the community. Many of the women also ride on the road and wanted to understand their legal rights and responsibilities as cyclists. Ann spoke and answered questions about the rules of the road, insurance […]
Today’s workers’ compensation decisions by the NC Court of Appeals
Alston v. Federal Express is another decision on workers’ compensation liens, and how they are handled by superior courts under N.C.G.S. 97-10.2(j). In a 10.2(j) action, “the judge shall determine, in his discretion, the amount, if any, of the employer’s lien, whether based on accrued or prospective workers’ compensation benefits, and the amount of cost of […]
This week’s personal injury case from the NC Court of Appeals
The court issued an unpublished opinion about a pedestrian-vehicle auto accident in Hill v. Thompson this week. In the case, the 15-year-old plaintiff crossed a highway near her home, not at a crosswalk, and was struck by defendants’ vehicle. Defendants argued that plaintiff could not recover at all because she was contributorily negligent (partially at fault) for […]
This week’s workers’ compensation decisions by the NC Court of Appeals
The Court of Appeals released two opinions this week on workers’ compensation. In the first opinion, Fonville v. General Motors, the most significant holding concerned the defendants’ unilateral termination of benefits. In this case, the plaintiff was hurt when she was struck in the head by a tent pole at a corporate event, and the […]
Valerie speaking at 2009 WILG conference about workers’ compensation for undocumented workers
Valerie Johnson is speaking at the 2009 annual conference of the Workers Injury Law & Advocacy Group (WLIG), to be held in Denver from October 16-19. WILG is a national non-profit membership organization dedicated to representing the interests of injured workers. Valerie is presenting on the “Hop Topics” panel, and will be discussing recent developments concerning […]
New statute of repose for product liability goes into effect today
A host of new laws passed by the North Carolina legislature earlier this year take effect today. Among them is a law that extends the statute of repose for consumers injured by defective products from six years to twelve years.
Study shows that low wage workers are subject to a host of employment and labor law violations
A new study, “Broken Laws, Unprotected Workers,” shows that employers routinely violate the employment rights of low wage workers, with frequent violations of the wage and hour laws, workers’ compensation laws, and anti-retaliation protections. (The summary of the original study is here.) Here are some of the startling findings: 68 percent of the workers interviewed had […]
