Call Us 919-240-4054Just a few days before Christmas, the Court of Appeals published another set of decisions. Barrett v. All Payment Services is workers’ comp case that deals with an injured stuntman. The plaintiff worked as a professional stuntman, and in 1993 he injured his back while performing a car jump stunt on the set of a television series […]
NC Court of Appeals
Supreme Court affirms COA on employment at will case
In Franco v. Lipposcience, Inc., the North Carolina Supreme Court affirmed per curiam an NC Court of Appeals decision regarding employment at will. The COA had issued a split-decision earlier this year, with Judge Wynn writing for the majority and Judge Erwin dissenting. The plaintiff, who had been the VP of Marketing, was terminated and sought to […]
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 […]
Court of Appeals rules attendant care services compensable without pre-approval
When workers are severely injured, they may required attendant care, i.e. assistance in the home such as help with household tasks and personal nursing. Workers’ compensation can cover the costs of this care, if required, even if it is provided by a family member. In recent years, the Industrial Commission, pursuant to its Fee Schedule, […]
Latest Court of Appeals cases on workers’ compensation
Last week, the North Carolina Court of Appeals issued two decisions on workers’ compensation. In the first case, Jones v. Steve Jones Auto Group, the plaintiff was a general manager at auto dealerships who sought benefits due to mold exposure – an unlisted occupational disease. Due to the dangerous mold in his office, the plaintiff developed […]
Today’s workers’ compensation decisions by the NC Court of Appeals
Alston v. Federal Express is another decision on workers’ compensation liens, and how they are handled by superior courts under N.C.G.S. 97-10.2(j). In a 10.2(j) action, “the judge shall determine, in his discretion, the amount, if any, of the employer’s lien, whether based on accrued or prospective workers’ compensation benefits, and the amount of cost of […]