Brief Filed for Police Officer in Workers’ Compensation Appeal

In Taylor v. Town of Garner, we have filed this brief with the North Carolina Court of Appeals in this workers’ compensation case.  Officer Taylor in a veteran of the Garner police force who was injured while providing official inter-agency assistance at an N.C. State football game.  The primary issue is whether the Town of

The 4th Circuit Court Held that an Inability to Work Overtime did Not Constitute a Substantial Limitation on a Major Life Activity Under ADA

In Boitnott v. Corning Inc., Michael Boitnott began work with Corning as a maintenance engineer in 1989.  Like others at that facility, he worked rotating twelve hour shifts and alternated two weeks of day shifts with two weeks of night shifts.  Boitnott suffered heart problems and then was diagnosed with leukemia is 2003, which resulted in significant

NC Court of Appeals’ Latest Decisions on Workers’ Compensation and Personal Injuries

Last week, the North Carolina Court of Appeals published four opinions concerns concerning workers’ compensation and personal injury cases.  In Berardi v. Craven County Schools, the Court considered and described the Industrial Commission’s new process for expedited medical motions, which speed up resolution of medical treatment disputes in workers’ compensation cases.  At issue was whether

NC Supreme Court Goes Awry in Workers’ Comp Case on Notice

In Gregory v. W.A. Brown & Sons, the North Carolina Supreme Court has at the very least made a simple area of the law very complicated, and at worst dealt a severe blow to injured workers with little legal justification.  At issue is the employee notice provision of the Workers’ Compensation Act, N.C.G.S. § 97-22,

Patterson Harkavy Wins Workers Compensation Case in Court of Appeals

In Hojnacki v. Last Rebel Trucking, the Court of Appeals reversed the Industrial Commission, and ruled that one of the defendant-companies, Last Rebel Trucking, was also one of the plaintiff’s employers under the Workers’ Compensation Act.  The plaintiff, Mr. Hojnacki, was an interstate truck driver who was hired by Last Rebel Trucking, a local North

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 his truck. The primary issue on appeal is whether North Carolina’s Workers’ Compensation Act

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

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 of Social Services and its employees.  The defendants lost on the issue governmental immunity, appealed, lost

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

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 plaintiff was hurt when she was struck in the head by a tent pole at a corporate event, and the