Hawkins v. General Electric Co.: The court mostly affirmed an award to the plaintiff based on an occupational disease, contact dermititis, that was causally related to his employment. The court also agreed that he was disabled as long as his condition persisted. Jeffers v. D’Alessandro: The plaintiff, a former player for the Carolina Panthers, had brought […]
Workers' Compensation
Bills protecting workers and consumers signed by Governor Perdue
The Statute of Repose Bill was signed by Governor Perdue on August 5, and becomes effective on October 1, 2009. The bill extends the outer time limit for individuals injured by defective products to file claims. The text of the bill can be found here. The Guaranty Fund Bill, which expands the coverage of the N.C. […]
Today’s workers’ compensation decisions by the NC Court of Appeals
Cannizzaro v. Food Lion: The court affirmed the decision of the Industrial Commission, which found that the plaintiff’s accident caused his psychiatric conditions. The court concluded that, although not a physician, a psychologist specializing in neurological and cognitive psychology with significant experience with traumatic brain injuries was qualified to provide expert testimony. D’Aquisto v. Mission St. […]
Today’s workers’ compensation opinion by the NC Court of Appeals
Leggett v. AAA Cooper Transportation, Inc.: A workers’ compensation case can involve a separate personal injury case against a third party (not the employer) if the third party was responsible for the employee’s injury. When these personal injury cases are resolved, the provider of the workers’ compensation benefits may have a lien on part of the […]
Today’s workers’ compensation opinion by the NC Supreme Court
Castaneda v. International Leg Wear Group: The Court affirmed in a per curiam opinion a decision by the Court of Appeals, which had upheld the granting of benefits to the plaintiff. Judge Tyson’s dissent, which had argued that the medical causation evidence was speculative, was rejected by the Court.
Today’s workers’ compensation and employment decisions by the NC Court of Appeals
In Panos v. Timco Engine Center, the court considered the applicability of the North Carolina Wage and Hour Act (NCWHA) to an employee who works outside of North Carolina. Plaintiff had brought an action based on the company’s failure to pay severance as required by his employment contract. Although the company was based in North Carolina, […]