• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

North Carolina Personal Injury & Workers Compensation Attorneys

  • facebook
  • twitter
  • instagram
  • linkedin

Call Us 919-240-4054

Main navigation

  • Workers’ Comp
    • Durham, NC
      • Brain Injury Lawyer
      • Burns and Explosions Lawyer
      • Chemical Exposure Lawyer
      • Construction Accident Lawyer
      • Durham Back Injury Lawyer
      • Healthcare Workers and COVID-19 Lawyer
      • Occupational Disease Lawyer
      • Union Member Lawyer
      • Workplace Violence Lawyer
    • Charlotte, NC
  • Bicycle Crashes
    • Charlotte, NC
  • Personal Injury
    • Durham, NC
      • Burn Injury Lawyer
      • College Campus Injury Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
      • Motorcycle Accident Lawyer
      • Premises Liability Lawyer
      • Product Liability Lawyer
      • Truck Accident Lawyer
    • Charlotte, NC
      • Brain Injury Lawyer
      • Burn Injury Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
      • Premises Liability Lawyer
      • Motorcycle Accident Lawyer
      • Product Liability Lawyer
      • Truck Accident Lawyer
  • Wrongful Death
    • Durham, NC
    • Charlotte, NC
  • Our Lawyers
    • Ann Groninger
    • Valerie Johnson
    • Drew Culler
    • Jennifer Segnere
    • Request a Speaking Engagement
  • Resources
    • Law Blog
    • Our Community
  • Contact Us
  • Español

December 15, 2009 By nicole

New workers’ compensation decisions from Court of Appeals

On December 8, the North Carolina Court of Appeals published a couple of workers’ compensation decisions. In the first, Heflin v. G.R. Hammonds Roofing, the Court faced an unusual situation involving Florida’s workers’ comp laws and a plaintiff’s efforts to delay her own case. Plaintiff’s husband was killed while working in Florida in 2004. Because the plaintiff’s workers’ comp claim in Florida was initially denied, she pursued a wrongful death claim instead, as allowed under Florida law. To keep that suit going, she did not want to pursue a possible workers’ compensation claim in North Carolina. However, when she tried to stay her case in North Carolina, the Industrial Commission ignored her request. The Court vacated the Commission’s decision and remanded, holding that the plaintiff’s motion for a stay must be addressed, and hinting that it should be granted.

In Van Dyke v. CMI Terex Corp., the Court again dealt with the exclusivity of workers’ compensation claims, i.e. that the availability of workers’ compensation bars personal injury lawsuits against the employer and certain related parties.  In this case, the plaintiff brought suit because the decedent had been killed in an explosion at his workplace. At issue was whether a particular defendant was sufficiently related to the employer so that the personal injury case against it was barred. The defendant was the sole shareholder of an LLC (limited liability company), which was a member-manager of the employer, also an LLC. Long story short, because the appealing defendant was not running the employer-company, and was not sued for doing so, the exclusivity of workers’ compensation did not protect it.

Related posts:

  1. NC Court of Appeals concludes unexpected injury not covered by workers’ compensation
  2. NC Court of Appeals rejects another Woodson claim
  3. Today’s workers’ compensation decisions by the NC Court of Appeals
  4. Today’s workers’ compensation and employment decisions by the NC Court of Appeals

Filed Under: Workers' Compensation, In the News, Work Injury Tagged With: Case Commentary, Industrial Commission, NC Court of Appeals, Wrongful Death

Primary Sidebar

Primary Sidebar

Contact us

Occupation

  • Bus Drivers
  • Construction Workers
  • First Responders
  • Police Officers
  • Truck Drivers
  • State Employees Workers’ Compensation Lawyers in Charlotte
  • Experienced Union Members Attorneys in North Carolina

Injury

  • Asbestos Exposure
  • Durham Back Injury Lawyers
  • Burns and explosions
  • Chemical Exposure
  • COVID-19 and Healthcare Workers
  • Occupational Diseases
  • Workplace Violence

Free Legal Resources

  • Workers’ Compensation 101
  • 8 Questions to Answer Before You Are Ever in a Wreck
  • Essentials for Workers’ Comp Success
  • Help for Families of North Carolina Burn Victims

Locations

Durham Office

300 Blackwell St. #101,
Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

Charlotte Office

1018 East Blvd. #6
Charlotte, NC 28203

Phone: (704) 200-2009

Fax : (888) 412-0421

Practice Areas

Workers Compensation | Bicycle Crashes | Personal Injury

OTHER PRACTICE AREAS

Crisis Management | Employment Law | Mass Torts | Camp Lejeune Water Contamination | Vaccine Injury | Resort & Recreational Activity Injuries | Workers Comp Wage & Hours Disputes | College Campus Injuries | Drunk Driving Injury victim | Industrial Accidents | Inadequate Security Claims | Workplace Injuries | Covid 19 – Business Interruption | Workplace Injury 3rd Party Claims

Copyright Johnson & Groninger PLLC