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Workers' Compensation

July 10, 2010 By nicole

NC Court of Appeals’ latest workers’ compensation decisions

The North Carolina Court of Appeals has issued two workers’ compensation cases of note in its latest batch of decisions. The first, Woodliff v. Fitzpatrick, concerned whether the plaintiff’s employer had three or more employees. An employer is subject to the Workers’ Compensation Act only if it “regularly employs” three or more employees. See N.C. Gen. Stat. § […]

Filed Under: In the News, Workers' Compensation Tagged With: Case Commentary, Charlotte, Combination of Injuries, Construction Companies, Employee Requirement, Independent Contractors, Industrial Commission, NC Court of Appeals, Police Officers

June 11, 2010 By nicole

NC Court of Appeals on workplace infliction of emotional distress claims

In an unpublished decision last month, the North Carolina Court of Appeals issued Crocker v. Griffin, a case that touched on emotional distress claims in the workplace setting. In the case, four plaintiffs brought suit against their employer because their boss, the director of the Transylvania County DSS, verbally abused and bullied them. The plaintiffs brought claims […]

Filed Under: In the News, Workers' Compensation Tagged With: Appeals, Case Commentary, Intentional Infliction of Emotional Distress, NC Court of Appeals, Negligent Infliction of Emotional Distress, Psychological Injury, Workplace Abuse

June 2, 2010 By nicole

Valerie Johnson wins workers’ compensation case for police officer in Court of Appeals

In Taylor v. Town of Garner, the Court of Appeals affirmed the decision of the Industrial Commission, agreeing that Officer Taylor is entitled to workers’ compensation benefits from the Town of Garner for the serious injury he suffered while working as a mounted officer at an N.C. State football game. Because Officer Taylor was working pursuant […]

Filed Under: In the News, Workers' Compensation Tagged With: Appeals, Industrial Commission, Mutual Aid Agreements, NC Court of Appeals, Police Officers, Results, Valerie Johnson

May 25, 2010 By nicole

Brief filed for dealership manager in workers’ compensation appeal

In Evans v. Hendrick Automotive Group, we have filed this brief with the North Carolina Court of Appeals in this workers’ compensation case. Ms. Evans was an office manager for a Hendrick dealership in Texas. She was injured during a business trip to Charlotte, while she was walking back from an employer-sponsored dinner to her hotel. The […]

Filed Under: In the News, Workers' Compensation Tagged With: Appeals, Briefs, Business Trip, Charlotte, Compensable Injury, NC Court of Appeals, Valerie Johnson

May 19, 2010 By nicole

NC Court of Appeals cases on REDA and appellate procedure

Two opinions of note were issued by the North Carolina Court of Appeals yesterday. The first, Beard v. Cumberland County Hospital System, concerns North Carolina’s Retaliatory Employment Discrimination Act (REDA). REDA prohibits discrimination or retaliation against an employee for, among other things, filing a workers’ compensation claim. N.C. Gen. Stat. § 95-241(a)(1). The discrimination or retaliation can be […]

Filed Under: In the News, Workers' Compensation Tagged With: Appeals, Case Commentary, Industrial Commission, NC Court of Appeals, REDA, Retaliation, Retaliatory Employment Discrimination Act

May 7, 2010 By nicole

Valerie presents at workers’ compensation CLE on contempt proceedings

Valerie Johnson spoke today at the NC Advocates for Justice CLE on “Navigating Claims Through the Industrial Commission.” Valerie’s presentation was entitled “In Contempt? — Contempt Proceedings at the Industrial Commission.” She covered the current state of the law regarding contempt and other means by which parties are forced to comply with the orders and rulings of […]

Filed Under: In the News, Workers' Compensation Tagged With: Contempt, Industrial Commission, NCAJ, Presentation, Sanctions, Valerie Johnson

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