On August 2, 2011, the NC Court of Appeals decided the case of Capps v. Southeastern Cable, in which it held that an installer of cable TV and internet services was an employee, and not an independent contractor. The Court based its decision on the conditions of the employment, and gave no weight to the fact that the injured worker was called an independent contractor and had been required to get his own, inadequate, workers’ compensation insurance.
On the same day, the Court also decided the case of Wynn v. United Health Services, where it held that if an employer requires an injured worker to return to work while he is still healing from his injury, the work must be a real job, and not make-work. This decision only applies to workers injured before May 25, 2011, since on that date the North Carolina legislature changed the law to allow the employer to provide the employee twith make-work before he fully recovers from his injury, as long as it is approved by the doctor and within the worker’s physical restrictions.
Author Bio
Valerie Johnson
Founder
Valerie Johnson is a North Carolina personal injury and workers’ compensation attorney dedicated to helping injured and working people across the state. A board-certified specialist since 2000, she is the Immediate Past President of the North Carolina Advocates for Justice and author of North Carolina Workers’ Compensation Law: A Practical Guide to Success at Every Stage of a Claim.
