Court of Appeals sides with Patterson Harkavy in Workers’ Compensation dispute

In Cole v. United Parcel Service, Inc., the Court of Appeals ruled in favor of Patterson Harkavy’s client, Plaintiff Joel Cole.  Mr. Cole suffered severe injuries to his back in the course of his employment with the Defendant, and filed a Workers’ Compensation claim over that injury.  Medical experts disagreed as to whether Mr. Cole’s

Court of Appeals Rejects REDA Claim by Pro Se Plaintiff

In Fatta v M & M Properties Management, Inc. the North Carolina Court of Appeals heard an appeal by a pro se plaintiff of the trial court’s granting of summary judgement.  Plaintiff worked for the company in one of their hotels as a property manager.  During Plaintiff’s training, he was injured while cleaning a room.  He

Rawls Prevails in Court of Appeals in Workers’ Compensation Case

The North Carolina Court of Appeals ruled in favor of one of the firm’s clients in an appeal brought by the defendants.  In Rawls v. Yellow Roadway Corporation, the Full Commission awarded Veran Rawls ongoing total disability compensation since his 2005 truck accident.  Defendants argued that the Full Commission had erred in several findings of fact,

Appeals Court Decides Two Workers’ Comp Cases

The North Carolina Court of Appeals recently published decisions in the following cases: In Coffey v Weyerhaeuser Co., the Court,based on N.C.G.S. 97-38 in the Workers’ Compensation Act, was tasked with determining “whether [Barber's] death occurred within two years of the Commission’s final determination of disability.”  Dennis Barber, Sr.  was diagnosed with asbestosis in 1997 and laryngeal cancer in 1998;

NC COA Decides Handful of Workers’ Comp Cases

Late last month, the North Carolina Court of Appeals published their opinions in the following workers’ compensation cases: Archie v. Kirk:  The plaintiff worked for Edward Kirk changing billboard advertisements.  Kirk provided necessary tools and protection gear to the plaintiff.  In 2006, on a larger job for which Kirk hired an additional two workers, the plaintiff was electrocuted and burnt

NC Court of Appeals’ Recent Workers’ Compensation Cases

The North Carolina Court of Appeals heard two workers’ compensation cases on appeal and decided them earlier this month. The first, Mehaffey v. Burger King involved a manager at Burger King who suffered a compensable knee injury while at work.  In the North Carolina Industrial Commission’s Opinion and Award, the Plaintiff was awarded retroactive attendant care fees

NC COA Examines Public Duty Doctrine

The North Carolina Court of Appeals reversed the decision of the North Carolina Industrial Commission in Ray v. NC Department of Transportation.  The case involved the death of a motorist and her passengers in 2002 when an eroded section of pavement caused her vehicle to go off the roadway, she corrected, and hit an oncoming

NC Appeals Court on Asbestos and Workers’ Compensation

In Maudlin v. A.C. Corp et al., the North Carolina Court of Appeals addressed a multi-pronged asbestos case.  The case involved a man who worked as a pipefitter for more than 19 years at the company.  He was exposed to insulation that contained asbestos while preforming his work, was diagnosed with laryngeal cancer in 1997,