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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 suit against the Panthers and related parties regarding medical treatment he received. The court held that his claims were preempted by Section 301 of the Labor Management Relations Act, and that the trial court was correct to compel arbitration.

Griessel v. Temas Eye Ctr., P.C.: The plaintiff had brought several claims, including under the North Carolina Wage and Hour Act and for breach of contract. The court remanded for findings regarding whether there was a valid agreement to arbitrate between the parties.

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

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