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August 4, 2009 By nicole

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

Cannizzaro v. Food Lion: The court affirmed the decision of the Industrial Commission, which found that the plaintiff’s accident caused his psychiatric conditions. The court concluded that, although not a physician, a psychologist specializing in neurological and cognitive psychology with significant experience with traumatic brain injuries was qualified to provide expert testimony.

D’Aquisto v. Mission St. Joseph’s Health Sys.: The Commission can award plaintiff attorneys’ fees under N.C.G.S. 97-88 for the costs of appeals even if it cannot award fees under N.C.G.S. 97-88.1 (fees for an unreasonable defense). Also, fees could be awarded by the Commission after all other issues had been decided.

Moore v. Sulbark Builders: Generally, under N.C.G.S. 97-12, an employee cannot receive workers’ compensation if their accident was due to intoxication or being under the influence of a controlled substance. The court affirmed the decision of the Commission, which found that the plaintiff was not under the influence and that the plaintiff was disabled. A simple drug screen that was positive for an unknown amount of marijuana was insufficient evidence of intoxication given the testimony of the experts.

Related posts:

  1. Today’s workers’ compensation and employment decisions by the NC Court of Appeals
  2. This week’s workers’ compensation decisions by the NC Court of Appeals
  3. Today’s workers’ compensation decisions by the NC Court of Appeals
  4. New workers’ compensation decisions from Court of Appeals

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

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