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…
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…
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…
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…
Chairman Charlton Allen has been appointed for a four-year term as chairman through December 30, 2020. Yolanda Stith has been appointed as the newest commissioner. She will serve the remaining two and half years of Andrew Heath’s original term and then an additional six-year term. Of that time, she will serve a four-year term as…
The North Carolina Supreme Court has granted the City of Greenville’s Petition for Discretionary Review in Wilkes v. City of Greenville.
Governor Pat McCrory announced today that Bill Daughtridge, formerly Secretary of Administration, has been appointed a Commissioner at the North Carolina Industrial Commission.
Parties considering an appeal should remember that the Court of Appeals will not overrule the Industrial Commission’s “findings of fact” unless there is no evidence to support those findings.
Charlton L. Allen Named Chairman of the North Carolina Industrial Commission Governor Pat McCrory has selected Charlton L. Allen to be the next Chairman of the North Carolina Industrial Commission, effective February 1, 2016. Mr. Allen succeeds Andrew T. Heath who will become State Budget Director. Official Press Release REMINDER FOR ELECTRONIC DOCUMENT FILING STARTING…
This decision re-establishes that an employee’s testimony alone will be enough to carry his or her burden of proving futility.