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Case Commentary

October 2, 2009 By nicole

Valerie speaking at 2009 WILG conference about workers’ compensation for undocumented workers

Valerie Johnson is speaking at the 2009 annual conference of the Workers Injury Law & Advocacy Group (WLIG), to be held in Denver from October 16-19. WILG is a national non-profit membership organization dedicated to representing the interests of injured workers. Valerie is presenting on the “Hop Topics” panel, and will be discussing recent developments concerning […]

Filed Under: In the News, Workers' Compensation Tagged With: Articles, Case Commentary, Immigration, Narendra Ghosh, Presentation, Valerie Johnson, Workers Injury Law & Advocacy Group

September 1, 2009 By nicole

Today’s workers’ compensation decisions by the NC Court of Appeals

Clayton v. Mini Data Forms, Inc.: The court held that although the defendants were not entitled to a credit under N.C.G.S. 97-42, an offset of benefits may still be required under Moretz and Rice to avoid the overpayment of benefits.  More specific findings were required though, regarding whether “payments made to plaintiff for that work […]

Filed Under: Workers' Compensation Tagged With: Case Commentary, Industrial Commission, NC Court of Appeals, Offset for Benefits

August 28, 2009 By nicole

Today’s employment decision by the NC Supreme Court

Carolina Power & Light Company v. Employment Security Commission: At issue was whether an employee who accepts a voluntary early retirement package, offered by the employer as part of a company-wide downsizing, is eligible for unemployment insurance benefits. In a unanimous opinion, the Court held that the employee was not entitled to benefits because he still […]

Filed Under: In the News Tagged With: Case Commentary, NC Supreme Court, Unemployment Benefits

August 18, 2009 By nicole

Today’s employment and workers’ compensation decisions by the NC Court of Appeals

Hawkins v. General Electric Co.: The court mostly affirmed an award to the plaintiff based on an occupational disease, contact dermititis, that was causally related to his employment. The court also agreed that he was disabled as long as his condition persisted. Jeffers v. D’Alessandro: The plaintiff, a former player for the Carolina Panthers, had brought […]

Filed Under: In the News, Workers' Compensation Tagged With: Arbitration, Case Commentary, NC Court of Appeals, North Carolina Wage and Hour Act

August 12, 2009 By nicole

4th Circuit rejects STAA retaliation claim

In UPS v. Calhoun, the plaintiff (who worked at the UPS facility in Greensboro) had filed a complaint with OSHA that he had been retaliated against for engaging in daily vehicle inspections that he thought necessary for vehicle safety. He claimed that such activity was protected by the Surface Transportation Assistance Act (STAA). The Department of […]

Filed Under: In the News Tagged With: Case Commentary, Fourth Circuit, Retaliation

August 10, 2009 By nicole

4th Circuit rules for class certification in racial discrimination case

In Brown v. Nucor Corporation, the 4th Circuit reversed the district court on the question of class certification. Under Title VII, the plaintiffs had brought racial discrimination claims of disparate treatment and disparate impact with regard to promotion practices, as well as hostile work environment claims. The majority concluded that the plaintiffs could proceed with all […]

Filed Under: In the News Tagged With: Case Commentary, Class Action, Discrimination, Fourth Circuit, Title VII

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300 Blackwell St. #101,
Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

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Charlotte, NC 28203

Phone: (704) 200-2009

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