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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’… Read More
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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… Read More
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Recent NC COA Workers' Compensation Decisions

The North Carolina Court of Appeals recently issued several workers’ compensation opinions, though they were all unpublished and did not break any new ground. In Pope v. Johns Manville, the Court upheld the Industrial Commission’s decisio… Read More
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Recent Fourth Circuit Labor and Employment Decisions

The Fourth Circuit has published opinions in three labor and employment cases in recent weeks. The first case, Sepulveda v. Allen Family Foods, Inc., concerned a Fair Labor Standards Act (FLSA) collective action that was brought on behalf of a class… Read More
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Latest Court of Appeals Opinion on Workers' Compensation

Just a few days before Christmas, the Court of Appeals published another set of decisions. Barrett v. All Payment Services is workers’ comp case that deals with an injured stuntman. The plaintiff worked as a professional stuntman, and in 1993 h… Read More
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Supreme Court Affirms COA on Employment At Will Case

In Franco v. Lipposcience, Inc., the North Carolina Supreme Court affirmed per curiam an NC Court of Appeals decision regarding employment at will. The COA had issued a split-decision earlier this year, with Judge Wynn writing for the majority and Ju… Read More
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New Workers' Compensation Decisions from Court of Appeals

On December 8, the North Carolina Court of Appeals published a couple of workers’ compensation decisions. In the first, Heflin v. G.R. Hammonds Roofing, the Court faced an unusual situation involving Florida’s workers’ comp laws and… Read More
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Fourth Circuit Upholds Labor Arbitration Decision and Two-Member NLRB Decision

The Fourth Circuit has recently published two labor law opinions, the first concerning whether an arbitrator exceeding his authority in resolving a grievance, and the second concerning whether to uphold a decision of the two-member National Labor Rel… Read More
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Court of Appeals Rules Attendant Care Services Compensable Without Pre-approval

When workers are severely injured, they may required attendant care, i.e. assistance in the home such as help with household tasks and personal nursing. Workers’ compensation can cover the costs of this care, if required, even if it is provided… 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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