• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

North Carolina Personal Injury & Workers Compensation Attorneys

  • facebook
  • twitter
  • instagram
  • linkedin

Call Us 919-240-4054

Main navigation

  • Workers’ Comp
    • Durham, NC
      • Brain Injury Lawyer
      • Burns and Explosions Lawyer
      • Chemical Exposure Lawyer
      • Construction Accident Lawyer
      • Durham Back Injury Lawyer
      • Healthcare Workers and COVID-19 Lawyer
      • Occupational Disease Lawyer
      • Union Member Lawyer
      • Workplace Violence Lawyer
    • Charlotte, NC
  • Bicycle Crashes
    • Charlotte, NC
  • Personal Injury
    • Durham, NC
      • Burn Injury Lawyer
      • College Campus Injury Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
      • Motorcycle Accident Lawyer
      • Premises Liability Lawyer
      • Product Liability Lawyer
      • Truck Accident Lawyer
    • Charlotte, NC
      • Brain Injury Lawyer
      • Burn Injury Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
      • Premises Liability Lawyer
      • Motorcycle Accident Lawyer
      • Product Liability Lawyer
      • Truck Accident Lawyer
  • Wrongful Death
    • Durham, NC
    • Charlotte, NC
  • Our Lawyers
    • Ann Groninger
    • Valerie Johnson
    • Drew Culler
    • Jennifer Segnere
    • Request a Speaking Engagement
  • Resources
    • Law Blog
    • Our Community
  • Contact Us
  • Español

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 were tantamount to workers’ compensation, that the payments were a wage-replacement benefit equivalent to workers’ compensation, or were meant to compensate plaintiff for his disability.”  Also, the imposition of the 10% penalty was correct, but attorneys’ fees were not due too.

Evans v. Conwood LLC: The court affirmed the award of benefits, upholding conclusions that the plaintiff’s carpal tunnel syndrome was compensable and that the employer was liable as self-insured.

Nale v. Ethan Allen: The court rejected the conclusion that the plaintiff’s right knee injury was related to her compensable left knee injury, based on the testimony of the doctor.  The issue of disability was remanded for further findings.

Sykes v. Moss Trucking Company, Inc.: Following a dissent by Commissioner Sellers, the court reversed the Industrial Commission’s reinstatement of benefits because the plaintiff had failed to comply with a previous order of the Commission regarding medical treatment.

Related posts:

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

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

Primary Sidebar

Primary Sidebar

Contact us

Occupation

  • Bus Drivers
  • Construction Workers
  • First Responders
  • Police Officers
  • Truck Drivers
  • State Employees Workers’ Compensation Lawyers in Charlotte
  • Experienced Union Members Attorneys in North Carolina

Injury

  • Asbestos Exposure
  • Durham Back Injury Lawyers
  • Burns and explosions
  • Chemical Exposure
  • COVID-19 and Healthcare Workers
  • Occupational Diseases
  • Workplace Violence

Free Legal Resources

  • Workers’ Compensation 101
  • 8 Questions to Answer Before You Are Ever in a Wreck
  • Essentials for Workers’ Comp Success
  • Help for Families of North Carolina Burn Victims

Locations

Durham Office

300 Blackwell St. #101,
Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

Charlotte Office

1018 East Blvd. #6
Charlotte, NC 28203

Phone: (704) 200-2009

Fax : (888) 412-0421

Practice Areas

Workers Compensation | Bicycle Crashes | Personal Injury

OTHER PRACTICE AREAS

Crisis Management | Employment Law | Mass Torts | Camp Lejeune Water Contamination | Vaccine Injury | Resort & Recreational Activity Injuries | Workers Comp Wage & Hours Disputes | College Campus Injuries | Drunk Driving Injury victim | Industrial Accidents | Inadequate Security Claims | Workplace Injuries | Covid 19 – Business Interruption | Workplace Injury 3rd Party Claims

Copyright Johnson & Groninger PLLC