NC Court of Appeals Rejects Workers’ Comp Claim as Time-Barred

In an opinion issued two weeks ago, Johnston v. Duke University Medical Center, the North Carolina Court of Appeals concluded that the plaintiff’s occupational disease workers’ compensation claim was time-barred.  The plaintiff had been a nurse at Duke, and developed several conditions in her left foot: plantar fasciitis, tarsal tunnel syndrome, and Achilles tendinopathy.  These

NC Court of Appeals Rejects Another Woodson Claim

Earlier this month, the North Carolina Court of Appeals issued an opinion concerning the viability of plaintiff’s Woodson claim — a wrongful death tort action based on an injury sustained at work.  In Valenzuela v. Pallet Express Inc., the Court once again rejected a Woodson in what seemed to be an egregious case.  Typically, plaintiffs

Latest Workers’ Compensation Opinion from NC Court of Appeals

On September 21, 2010, the North Carolina Court of Appeals released its latest batch of opinions, which included one published case on workers’ compensation.  In Pope v. Johns Manville, the Court issued a second opinion in this case after granting defendants’ petition for rehearing.  The Court’s first opinion in this case, issued earlier this year,

Latest Workers’ Compensation Decision from NC Court of Appeals

Earlier this week, the North Carolina Court of Appeals published its latest workers’ compensation decision in Hedges v. Wake County Public School System.  In this case, the plaintiff had stumbled and fell when she walked into a workroom to make copies of payroll materials.  The plaintiff did not trip on something; she simply stumbled and

Magistrate Judge Concludes that Smithfield Wage and Hour Collective Action Should Proceed

In this case, plaintiffs are bringing collective action claims under the Fair Labor Standards Act (FLSA) based on the under-payment of wages and overtime at Smithfield Packing’s Tar Heel, North Carolina meat processing facility.  Magistrate Judge Gates issued an opinion last week recommending that defendant’s motion to decertify the FLSA collective action be denied.  If

NC Court of Appeals Voids as Overbroad a Non-Compete and Non-Solicitation Agreement

In a recent unpublished opinion, MJM Investigations Inc. v. Sjostedt, the North Carolina Court of Appeals declared a particular non-compete and non-solicitation agreement to be unenforceable because it was overly broad and too vague.  In the opinion, the Court reviewed many of the core principles in determining whether non-compete agreements are enforceable. To be enforceable,

NC Court of Appeals on Workers’ Compensation for Parking Lot Injuries

The latest workers’ compensation opinion from the North Carolina Court of Appeals, Cardwell v. Jenkins Cleaner, addresses the “going and coming” rule.  “As a general rule, injuries occurring while an employee travels to and from work do not arise in the course of employment and thus are not compensable.”  This “going and coming” rule has

NC Court of Appeals Decisions on Workers’ Compensation — Part 2

The third workers’ compensation decision that the North Carolina Court of Appeals issued last week was Reaves v. Industrial Pump Service, a case that had already been to the Court last year.  Under the Pickrell presumption, “When an employee is found dead under circumstances indicating that death took place within the time and space limits