Defense Counsel Perspective: Five Tips for Preparing for Mediation

Tracey Jones

Defense Counsel Perspective: Five Tips for Preparing for Mediation It remains a popular preference for plaintiffs and plaintiffs’ attorneys to attend mediation virtually despite the default rule at the Commission being in-person mediations. From the defense counsel perspective, virtual mediations can prove more difficult than in-person mediations for several reasons. First, it is easier to…

NCIC Update July 2023

Tracey Jones

Philip A. Baddour was confirmed by the General Assembly to serve a second term as a commissioner. The 28th Annual North Carolina Industrial Commission Workers’ Compensation Educational Conference will be held October 4 through 6, 2023 at the Raleigh Convention Center. New Mediation Rules Regarding Participation The Supreme Court of North Carolina has approved amendments…

NCIC Update April 2023

Tracey Jones

Amber May appointed as the NCIC’s Chief Operating Office Effective June 1, 2023 The Industrial Commission announced that Amber May will serve as its Chief Operating Officer effective June 1, 2023. May currently serves as the Commission’s General Counsel, having returned to the Commission in March of 2022 after eight years as Rules Review Commission…

NCIC Update February 2023

Tracey Jones

Carolyn J. Thompson Appointed to Serve as Deputy Commissioner Carolyn J. Thompson was appointed to serve as a Deputy Commissioner and her term began on January 2, 2023. Thompson previously served as a District Court judge and then a Resident Superior Court judge in the 9th Judicial District of North Carolina for a total of…

North Carolina Full Commission Reaffirms Applying Revised Standard in Third Extended Benefits Decision

Tracey Jones and Heather Baker

On July 26, 2022, the Full Commission issued another extended benefits decision, Messick v. Walmart Stores, Inc. The panel consisted of Vice-Chair Griffin, Commissioner Taylor and Commissioner Goodman.  In this case, the Full Commission awarded the claimant extended benefits. The issue of extended benefits was not an issue at the Deputy Commissioner level. The Deputy…

Full Commission Affirms Denial in Another Extended Benefits Case Addressing “Total Loss of Wage-Earning Capacity”

Tracey Jones

On May 4, 2022, Commissioners Griffin, Gillen and Phillips affirmed Deputy Commissioner Howell’s August 11, 2021 decision to deny claimant’s request for extended benefits in George E. Tyson, Jr. v. North Carolina Department of Health and Human Services and CCMSI.  The claimant sustained a compensable injury to his lower back on October 8, 2011, while…

NC Court of Appeals Remands Case on Converting Weekly Benefits to Lump-Sum Award to Full Commission

Julia Hooten, Tracey Jones and Shivani Shah

In a recent decision issued by the North Carolina Court of Appeals, Judge Chris Dillion remanded Blackwell v. N.C. Dep’t of Pub. Instruction back to the Full Commission where a claimant’s appeal to convert her weekly benefits to a single, lump-sum award was denied. Background of the Case The claimant was a former high school…