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NC Court of Appeals

May 16, 2014 By Valerie Johnson

Ask the expert: what do I do when I get sent to a doctor I don’t think is helping?

Answer: What you should definitely NOT do is to get treatment from another doctor. Treating with a different doctor without the permission of the employer or its insurance company makes it look like you are not cooperating with the workers’ compensation process and can cause your payments to stop. There is no guarantee that your employer […]

Filed Under: Workers' Compensation Tagged With: Compensable Injury, Health Care, Industrial Commission, NC Court of Appeals, North Carolina, North Carolina Workers' Compensation, Valerie Johnson

March 23, 2014 By Valerie Johnson

David Weiss wins further review of lethal injection procedures in NC Court of Appeals case

Last week, the NC Court of Appeals issued a decision in Robinson v. Shanahan, a case filed on behalf of four death row inmates that challenged the legality of the method of capital punishment in North Carolina. Originally, the lawsuit focused on whether a three-drug method of execution was constitutional. However, while the appeal was pending, […]

Filed Under: Cases in the News, News of the Firm Tagged With: David Weiss, lethal injection, NC Court of Appeals

January 6, 2014 By Valerie Johnson

Workers with side jobs may risk workers’ compensation coverage

In these tough economic times, even the folks out there who are lucky enough to have jobs are often underpaid. And being the hard workers that they are, in order to make ends meet, those folks often seek out second jobs or side jobs related to their full-time employment. If you’re one of those people, you should […]

Filed Under: Workers' Compensation Tagged With: NC Court of Appeals

December 2, 2013 By Valerie Johnson

NC Court of Appeals ruling makes it more difficult for injured workers to keep their workers’ comp benefits in a down economy

In Medlin v. Weaver Cooke Construction, a civil engineer hurt his shoulder on the job and was out of work receiving medical treatment. He was later able to return to work, but he had permanent restrictions that prevented him from doing all the tasks he used to do before his injury. He was later laid off due […]

Filed Under: Workers' Compensation Tagged With: Medlin v. Weaver Cooke Construction, NC Court of Appeals, workers compensation

November 6, 2013 By Valerie Johnson

Injured workers must prove what caused their injury

An injured worker who can’t prove what exactly caused the injury is not entitled to benefits, according to a recent ruling issued by the North Carolina Court of Appeals. Sonya Chaffins, a former employee of Tar Heel Capital Corporation, filed for workers’ compensation after an injury to her shoulder on the job in 2010. Chaffins had suffered a […]

Filed Under: Workers' Compensation Tagged With: Compensable Injury, Leto Copeley, NC Court of Appeals, North Carolina Workers' Compensation, Valerie Johnson

October 18, 2013 By Valerie Johnson

Drunk driver who killed two cyclists gets 24 years

A drunk driver’s attempt to appeal two second degree murder convictions was rejected by the NC Court of Appeals. In April 2011, a drunk Thomas Howard Grooms Jr., struck and killed a father and son out for a Sunday morning bicycle ride on River Road in Wilmington.  This month, the North Carolina Court of Appeals […]

Filed Under: Bicycle Law Tagged With: bicycle, NC Court of Appeals, North Carolina

July 14, 2013 By Valerie Johnson Leave a Comment

No coverage for excess medical bills, Court of Appeals decides

The North Carolina Court of Appeals has held in James v. Integon National Insurance Company that a driver of a motor vehicle did not have access to the underinsured motorists (UIM) coverage of his fiance, because the driver lived with his fiance and she had not listed him on her policy. The driver was involved […]

Filed Under: Cases in the News Tagged With: automobile insurance, Integon Insurance Company, NC Court of Appeals, UIM

March 5, 2013 By Valerie Johnson Leave a Comment

Court of Appeals says that employer had notice of injury, cannot direct medical care

Today, a three-judge panel of the North Carolina Court of Appeals held that an employee of Bank of America did not need to give written notice of his injury, where he was hit by a car while driving at work. The employee called his employer from the car, and several co-workers went to help him, […]

Filed Under: Workers' Compensation Tagged With: Appeals, Industrial Commission, NC Court of Appeals, notice of injury

August 16, 2011 By Valerie Johnson

Win for CWA Local in Court of Appeals

The North Carolina Court of Appeals issued an opinion today in favor of the Communication Workers of America and their Local Chapter 3602 in Fisher v. CWA. The case was the first case that we know of brought under North Carolina’s Identity Theft Protection Act. The Business Court, Judge Albert Diaz, and the Court of Appeals […]

Filed Under: Cases in the News Tagged With: Ann Groninger, Appeals, Case Commentary, Litigation, NC Court of Appeals

August 7, 2011 By Valerie Johnson

Court of Appeals decides two new workers’ compensation cases

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 […]

Filed Under: Workers' Compensation Tagged With: Appeals, Case Commentary, Independent Contractors, Make-work, NC Court of Appeals, North Carolina

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