» Case Commentary

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

The court issued an unpublished opinion about a pedestrian-vehicle auto accident in Hill v. Thompson this week.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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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… Read More
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2009 WILG Conference Session on Workers' Compensation for Undocumented Workers

Valerie Johnson is speaking at the 2009 annual conference of the Workers Injury Law & Advocacy Group (WLIG), to be held in Denver from October 16-19. WILG is a national non-profit membership organization dedicated to representing the interests of… Read More
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Today's Workers' Compensation Decisions by the NC Court of Appeals

Clayton v. Mini Data Forms, Inc: The court held that although the defendants were not entitled to a credit under N.C.G.S. 97-42, an offset of benefits may still be required under Moretz and Rice to avoid the overpayment of benefits. More specific fin… Read More
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Today's Employment Decision by the NC Supreme Court

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Today's Employment and Workers' Compensation Decisions by the NC Court of Appeals

Hawkins v. General Electric Co.: The court mostly affirmed an award to the plaintiff based on an occupational disease, contact dermititis, that was causally related to his employment. The court also agreed that he was disabled as long as his conditio… Read More
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4th Circuit Rejects STAA Retaliation Claim

In UPS v. Calhoun, the plaintiff (who worked at the UPS facility in Greensboro) had filed a complaint with OSHA that he had been retaliated against for engaging in daily vehicle inspections that he thought necessary for vehicle safety. He claimed tha… Read More
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4th Circuit Rules for Class Certification in Racial Discrimination Case

In Brown v. Nucor Corporation, the 4th Circuit reversed the district court on the question of class certification. Under Title VII, the plaintiffs had brought racial discrimination claims of disparate treatment and disparate impact with regard to pro… Read More
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