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.
Author Bio
Valerie Johnson
Founder
Valerie Johnson is a North Carolina personal injury and workers’ compensation attorney dedicated to helping injured and working people across the state. A board-certified specialist since 2000, she is the Immediate Past President of the North Carolina Advocates for Justice and author of North Carolina Workers’ Compensation Law: A Practical Guide to Success at Every Stage of a Claim.
