On June 29, 2017 the North Carolina General Assembly passed House Bill 26 which amends G.S. § 97-82(b) of the Workers’ Compensation Act. As previously discussed, Wilkes v. City of Greenville held that when a claim was accepted as compensable pursuant to a Form 60 or section 1 of a Form 63 that a rebuttable presumption was…
In addition to creating a medical presumption for accepted claims, the North Carolina Supreme Court’s decision in Wilkes v. City of Greenville has significantly altered the landscape for proving disability. The Court has held that an employee can prove a disability outside of the four methods outlined in Russell v. Lowes Product Distribution. The Court…
The North Carolina Residential Property Disclosure Form gives sellers of real property the option of disclosing the existence of room additions, structural changes, and violations of building codes and zoning ordinances, if any, or to make “no representations.” Even where a seller makes no representations, however, a real estate licensee with knowledge of any of…
On Friday, June 9, 2017, the North Carolina Supreme Court issued its eagerly anticipated decision in Wilkes v. City of Greenville, in significant part, unanimously affirming the Court of Appeals. Wilkes involves two primary issues. First, whether Johnnie Wilkes failed to meet his burden of establishing that his anxiety and depression were the result of…
The Second Circuit,* (serving six districts within the states of Connecticut, New York, and Vermont) will reconsider its position, currently aligned with the vast majority of federal Circuits, that Title VII of the Civil Rights Act of 1964 does not include sexual orientation as a protected class. Title VII prohibits discrimination in the employment context…
Walker v. North Carolina State Board of Dental Examiners and Its Meaning for Professional Licensees in North Carolina North Carolina currently has fifty-five occupational licensing agencies. These agencies regulate professions including law, medicine, engineering, surveying, therapy, and real estate. Generally, the agencies regulate their particular professions by enforcing rules of ethics and practice. Their rules are…
Two of our summer associates joined two partners at this month’s volunteer project with The Food Bank of Central and Eastern North Carolina. We are happy to have them on board and appreciate their willingness to give back to the community! Please visit The Food Bank of Central & Eastern North Carolina’s website for more…