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Case Commentary

February 8, 2011 By nicole

Supreme Court endorses associational retaliation claim

Late last month, in Thompson v. North American Stainless, the Supreme Court unanimously concluded that firing a worker’s fiancé in retaliation for a sex discrimination claim filed by the worker is itself unlawful retaliation under Title VII. The anti-retaliation provision of Title VII prohibits any employer action that “well might have dissuaded a reasonable worker from making […]

Filed Under: In the News Tagged With: Associational Retaliation, Case Commentary, Retaliation, Sex Discrimination, Title VII, US Supreme Court

February 3, 2011 By nicole

NC Court of Appeals’ latest decisions on workers’ compensation

The North Carolina Court of Appeals published two opinions on workers’ compensation earlier this month. The first, Blalock v. Southeastern Materials, involved an award of attorneys’ fees as a sanction for unreasonable defense. N.C.G.S. § 97-88.1 permits the Industrial Commission to award a plaintiff the costs of his attorneys’ fees if the case had been defended without […]

Filed Under: In the News, Workers' Compensation Tagged With: Aggravated Condition, Attorneys' Fees, Case Commentary, Industrial Commission, Medical Causation, NC Court of Appeals, Parsons Presumption, Sanction, Unreasonable Defense

January 17, 2011 By nicole

NC Court of Appeals rejects workers’ compensation settlement agreement

In Kee v. Caromont Health, Inc., the North Carolina Court of Appeals upheld the Industrial Commission’s rejection of a compromise settlement agreement. The agreement originally reached by the parties involved the defendants paying plaintiff $20,000, the plaintiff resigning from her employment, and the plaintiff releasing all of her employment rights. After plaintiff refused to sign the […]

Filed Under: In the News, Workers' Compensation Tagged With: Case Commentary, Employment Rights, Industrial Commission, NC Court of Appeals, Settlements

January 15, 2011 By nicole

NC Court of Appeals supports employment contract claim

In Lockett v. Sister-2-Sister Solutions, Inc., the North Carolina Court of Appeals reversed the dismissal of a breach of contract claim based on the plaintiff’s employment.  In this case, the plaintiff had an employment contract with the defendant that provided that he could only be fired for cause. The Court held that “an employment relationship that […]

Filed Under: In the News Tagged With: At-Will Employment, Breach of Contract, Case Commentary, Employment Contract, NC Court of Appeals, NC Wage and Hour Act

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 […]

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

November 2, 2010 By nicole

NC Court of Appeals rejects workers’ comp claim as time-barred

In an opinion issued two weeks ago, Johnston v. Duke University Medical Center, the North Carolina Court of Appeals concluded that the plaintiff’s occupational disease workers’ compensation claim was time-barred. The plaintiff had been a nurse at Duke, and developed several conditions in her left foot: plantar fasciitis, tarsal tunnel syndrome, and Achilles tendinopathy. These conditions developed […]

Filed Under: In the News, Workers' Compensation Tagged With: Case Commentary, Duke University Medical Center, NC Court of Appeals, Occupational Disease, Statute of Limitations

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300 Blackwell St. #101,
Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

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1018 East Blvd. #6
Charlotte, NC 28203

Phone: (704) 200-2009

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