• 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

  • Camp Lejeune
  • Workers’ Comp
    • Durham, NC
      • Burns and Explosions
      • Durham back injury lawyers
      • Brain Injury
      • Chemical Exposure
      • Construction Accidents
      • Healthcare Workers and COVID-19
      • Occupational Disease
      • Union Members
      • Workplace Violence
  • Personal Injury
    • Durham, NC
      • Burn Injury
      • College Campus Injuries
      • Car Accidents
      • Catastrophic Injuries
      • Premises Liability
      • Product Liability
      • Trucking Accidents
      • Traumatic Brain Injury
    • Charlotte, NC
      • Trucking Accidents
      • Brain Injury Lawyer
      • Burn Injury Lawyer
      • Premises Liability Lawyer
      • Product Liability Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
  • Wrongful Death
    • Durham, NC
    • Charlotte, NC
  • Bicycle Crash
    • Charlotte, NC
  • Our Lawyers
    • Ann E. Groninger
    • Valerie Johnson
    • Helen S. Baddour
    • Drew Culler
    • Jennifer Segnere
    • Speaking Engagements
  • Resources
    • Law Blog
    • Our Community
  • Contact Us
  • Español

November 15, 2010 By nicole

Latest COA decisions on workers’ compensation

The North Carolina Court of Appeals published two decisions on workers’ compensation this month. The first case, Kingston v. Lyon Construction, concerns workers’ compensation liens and third-party recoveries. The plaintiff was exposed to asbestos on the job and developed illness as a result.  He was awarded workers’ compensation benefits, and brought and settled tort cases against manufacturers of the asbestos. He then brought a motion to determine the workers’ compensation liens under N.C.G.S. § 97-10.2(j). The Court of Appeals affirmed the trial court’s conclusions that the motion was proper even though only some of the third-party cases had been resolved, and that the workers’ compensation lien should be eliminated entirely because the third-party recoveries were reduced due to bankruptcies.

The second case, Nobles v. Coastal Power & Electric, concerns an issue of suitable employment. The Industrial Commission had awarded temporary total disability benefits up to the time of the plaintiff’s maximum medical improvement, but did not find him disabled afterward. The primary issue regarding disability concerned the defendant’s offer of a new position to plaintiff to accommodate his injury.

“The Workers’ Compensation Act provides that an injured employee is not entitled to compensation if he unjustifiably ‘refuses employment procured for him suitable to his capacity.'” N.C.G.S. § 97-32. “Suitable employment is defined as any job that a claimant is capable of performing considering his age, education, physical limitations, vocational skills, and experience.” However, “employers may not avoid paying compensation merely by creating for their injured employees makeshift positions not ordinarily available in the market.” In this case, the Court upheld the Commission’s findings that the position offered to the plaintiff was suitable, and was not make-work because it had been offered previously and subsequently to others.

Filed Under: Workers' Compensation, In the News Tagged With: Asbestos, Case Commentary, Disability Benefits, Industrial Commission, Liens, NC Court of Appeals, Suitable Employment, Third-party Suits

Primary Sidebar

Primary Sidebar

Occupation

  • Bus Drivers
  • Construction Workers
  • First Responders
  • Police Officers
  • Truck Drivers
  • State Employees
  • Union Members

Injury

  • Asbestos Exposure
  • Durham back injury lawyers
  • Brain Injury
  • 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 S#101, Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

Charlotte Office

1018 East Blvd., Ste 6 Charlotte, NC 28203

Phone: (704) 200-2009

Fax : (888) 412-0421

Read Our Google Reviews

Get more stuff

Subscribe to our mailing list and get interesting stuff and updates to your email inbox.

Thank you for subscribing.

Something went wrong.

We respect your privacy and take protecting it seriously.

Copyright Johnson & Groninger PLLC Law Firm SEO by EverSpark Interactive