North Carolina Industrial Commission Updates

On April 6, 2017, the North Carolina Workers’ Compensation Opioid Task Force held its first organizational meeting to study and recommend solutions for the problems arising from the intersection of the opioid epidemic and related issues in Worker’s Compensation claims. The Task Force has not yet issued a report or timeline for when a report…

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Beware of Zoning Misrepresentations

N.C.G.S. § 93A-6 prohibits a North Carolina real estate licensee from making any misrepresentation or omission of material fact relating to real property.  The misrepresentation need not be intentional to subject a licensee to discipline. Even the negligent communication of false information is prohibited. Material facts include not only facts about the property itself, but…

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North Carolina: Patillo v. Goodyear Tire and Rubber Company: Another Review of the Parsons Presumption and Reasonableness of a Job Search

Last winter we examined the Court of Appeals decision in Wilkes v. City of Greenville and its seemingly a radical extension of the Parsons presumption to injuries not initially accepted as part of the claim.  The decision Wilkes was appealed to the North Carolina Supreme Court and is set for oral argument in mid-February 2017. …

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North Carolina Court of Appeals Determines Parsons Presumption Applies to New Injury to Accepted Body Part

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On May 12, 2007, Plaintiff was working as a tire builder for Defendant-Employer, and sustained injury to her right shoulder. Defendants accepted the right shoulder as compensable. Plaintiff underwent surgery and returned to work. Plaintiff sustained a number of exacerbations to the right shoulder over the course of her claim. Following one incident in 2010,…

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Just What is “Just Cause?”

On March 21, 2017, the North Carolina Court of Appeals issued an unpublished opinion affirming a decision of the Office of Administrative Hearings that the Department of Social Services (“DSS”) lacked “just cause” under the North Carolina Human Resources Act for dismissal of an employee for unacceptable conduct. A DSS employee was terminated for making…

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Best & Worst States to Practice Medicine: See Where NC Ranks

This interesting article attempts to rank states from least to most friendly to physicians based on several factors including malpractice premiums, medical malpractice settlements and verdicts, physician density, access to tertiary care facilities and overall health of the population.  North Carolina ranks #23 overall but notably makes the list of lowest malpractice award payout per…

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The Dangers of Dual Agency

With breach of fiduciary duty claims continuing to top the list for legal risks facing real estate brokers and agents, dual agency and the risks and responsibilities associated with the same remain a critical issue for real estate agents. This is because fiduciary claims frequently arise in the context of dual agency—whether because of undisclosed…

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Case Law Update: Attendant Care

Thompson v. International Paper Co. On February 23, 2012, Darrell Thompson was involved in an at-work accident and suffered severe burns that covered more than 23% of his body, mostly to his left shoulder and arm.  Following the injury, Mr. Thompson underwent three major skin graft surgeries and received treatment from several providers at the…

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