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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… 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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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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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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Hank Speaks at Industrial Commission CLE on Ethics in Workers' Compensation Cases

At the 14th Annual North Carolina Workers’ Compensation Educational Conference in Raleigh, which is put on the by the Industrial Commission, Hank spoke on a panel about ethics in workers’ compensation cases. He presented a paper entitled Ethi… Read More
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Hank Honored by North Carolina Industrial Commission

At the 14th Annual North Carolina Workers’ Compensation Educational Conference in Raleigh, which is put on the by the Industrial Commission, Hank Patterson was presented with an award in recognition for his years of outstanding service to the w… 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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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 Workers' Compensation Decisions by the NC Court of Appeals

Cannizzaro v. Food Lion: The court affirmed the decision of the Industrial Commission, which found that the plaintiff’s accident caused his psychiatric conditions. The court concluded that, although not a physician, a psychologist specializing… Read More
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Today's Workers' Compensation and Employment Decisions by the NC Court of Appeals

In Panos v. Timco Engine Center, the court considered the applicability of the North Carolina Wage and Hour Act (NCWHA) to an employee who works outside of North Carolina. Plaintiff had brought an action based on the company’s failure to pay se… Read More
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