News

Burton on Health Care and "Defensive Medicine"

In the current debate about health care reform, we hear a renewed call by medical and insurance lobbyists, politicians, and media pundits for “malpractice reform.” These ardent reformers do not seek to reduce medical malpractice or improve patien… Read More
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Senate Confirms Judge Andre Davis to 4th Circuit

The Senate on Monday voted 72-to-16 to confirm Judge Andre M. Davis to a seat on the Fourth Circuit Court of Appeals. Judge Davis has been a judge since 1987, and a federal trial judge since 1995. He was first nominated to the Fourth Circuit by Presi… Read More
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Latest Court of Appeals Cases on Workers' Compensation

Last week, the North Carolina Court of Appeals issued two decisions on workers’ compensation. In the first case, Jones v. Steve Jones Auto Group, the plaintiff was a general manager at auto dealerships who sought benefits due to mold exposure … Read More
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Unemployment Extension Finally Passed

The Senate finally passed the extension for unemployment insurance last week, and it was promptly signed by President Obama on Friday. The extension was originally passed by the House in September, but it had been held up in the Senate by Republicans… Read More
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Costs of Workers' Compensation Declining for Companies

Despite employers’ continual complaints that workers’ compensation costs too much, North Carolina Insurance Commissioner Wayne Goodwin has approved a nearly 10 percent decrease in workers’ compensation insurance policy rates. This d… Read More
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President Signs Expansion of FMLA for Military Families

Last week, President Obama signed the Fiscal Year 2010 National Defense Authorization Act (NDAA), an appropriations bill that includes an expansion of the Family and Medical Leave Act (FMLA) for military families. Specifically, it broadens the scope… Read More
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Fourth Circuit Reverses the Board in Longshoreman Act Case

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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Briefs Filed for Truck Driver in Workers' Compensation Appeal

In Hojnacki v. Last Rebel Trucking, we have filed an opening brief and a reply brief to the North Carolina Court of Appeals in this workers’ compensation case. Mr. Hojnacki is an interstate truck driver who was severely injured while loading hi… Read More
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Today's Workers' Compensation Decisions by the North Carolina Court of Appeals

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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Jonathan Harkavy Presents 2008-09 Annual Supreme Court Review of Employment Law Cases

At the 25th Annual North Carolina/South Carolina Labor and Employment Law CLE held in Charleston, South Carolina, Jonathan Harkavy will present his 2008-09 annual review of the Supreme Court’s employment law cases. His paper is entitled Supreme… Read More
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