NC COA Examines Whether an Employee’s Injury Arose Out of and in the Course of His Employment When Commission Finds Employee Was “Joyriding”

Kyla Block

When Plaintiffs are injured at work under circumstances which raise the question of whether the precipitating activity was “in furtherance of” versus “incidental to” the job duties assigned and the employer’s interest, the North Carolina Courts will look closely at the nature of the activity and the behavior immediately prior to the incident to determine…

Attendant Care in Post-Reform North Carolina Workers’ Compensation Claims

Courtney Britt

In recent years, attendant care provided under North Carolina’s Workers’ Compensation Act has gotten quite a bit of attention in the appellate courts and at the General Assembly.  In particular, the Court of Appeals’ 2011 decision in Shackleton v. Southern Flooring & Acoustical Company presented a challenge for employers.  Reversing the Commission’s denial of an attendant…

North Carolina Court of Appeals Rules Drug Test, Background Check Constitutes “Last Act” Necessary to Create Employment Contract

Elizabeth Ligon and Bruce Hamilton

In Holmes v. Associate Pipe Line Contractors, Inc., the Court of Appeals determined that post-offer contingencies, such as background checks and drug testing, constitute the “last act” necessary to create a contract of employment. On October 29, 2013, Plaintiff, who was living in North Carolina, was contacted via telephone by a union representative and offered…

Beware of Zoning Misrepresentations

Teague Campbell

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…

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

Rebecca Thornton

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. …

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

Lindsay Underwood and Courtney Britt

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,…