» Judicial Decisions

Fourth Circuit Reverses the Board in Longshoreman Act Case

October 30th, 2009
In Green-Brown v. Sealand Service, the Fourth Circuit held that under the Longshore and Harbor Workers’ Compensation Act (LHWCA), hearing loss determinations can only be accepted under the Act if they are done according to the AMA Guides. The plain… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Fourth Circuit, Longshore and Harbor Workers’ Compensation Act, Workers' Compensation

Today's Workers' Compensation Decisions by the North Carolina Court of Appeals

October 20th, 2009
Alston v. Federal Express is another decision on workers’ compensation liens, and how they are handled by superior courts under N.C.G.S. 97-10.2(j). In a 10.2(j) action, “the judge shall determine, in his discretion, the amount, if any, of th… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Industrial Commission, Liens, NC Court of Appeals, Workers' Compensation

NC Supreme Court Denies Review in Fulford v. Jenkins; Win for Plaintiff

October 9th, 2009
The North Carolina Supreme Court denied the defendants’ petition for discretionary review (PDR) in Fulford v. Jenkins today, among its long list of orders. This is a wrongful death action based on the negligence of the Duplin County Department… Read More
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Categories: Judicial Decisions, Results
Tags: Appeals, Burton Craige, Civil Rights, Narendra Ghosh, NC Supreme Court, Negligence, Personal Injuries, Results, Wrongful Death

This Week's Personal Injury Case from the NC Court of Appeals

October 7th, 2009
The court issued an unpublished opinion about a pedestrian-vehicle auto accident in Hill v. Thompson this week. In the case, the 15-year-old plaintiff crossed a highway near her home, not at a crosswalk, and was struck by defendants’ vehicle. D… Read More
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Categories: Judicial Decisions
Tags: Car Accident, Case Commentary, Contributory Negligence, Last Clear Chance, NC Court of Appeals, Personal Injuries

This Week's Workers' Compensation Decisions by the NC Court of Appeals

October 7th, 2009
The Court of Appeals released two opinions this week on workers’ compensation. In the first opinion, Fonville v. General Motors, the most significant holding concerned the defendants’ unilateral termination of benefits. In this case, the… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Expert Testimony, Industrial Commission, NC Court of Appeals, Termination of Benefits, Workers' Compensation
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