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…

Common Questions Related to the Seven-Day Waiting Period for Workers’ Compensation Claims in North Carolina

Julia Hooten

Employers and adjusters in North Carolina have encountered the seven-day waiting period requirement when an employee is injured on the job and is out of work. While seemingly clear and straightforward, actual application of the seven-day waiting period to certain occupations or situations can be daunting. Seven-Day Waiting Period In North Carolina, the first seven…

The Equality Act: Reinforcing Bostock and Dealing with Workplace Harassment

Julia Hooten

On June 15, 2020, the Supreme Court held that Title VII of the Civil Rights Act prohibits employers from discrimination against individuals on the basis of sexual orientation or being transgender. In Bostock v. Clayton County, the Supreme Court determined that sex-based discrimination includes discrimination due to gender identity and sexual orientation. Flash forward nearly a year…

Contractor and Subcontractor Liability in Workers’ Compensation: Who is the Statutory Employer?

Luke West and Julia Hooten

A recent unpublished case from the Court of Appeals, Suazo v. Gutierrez-Bojorquez, reiterates the importance of obtaining certificates of insurance and ensuring coverage has not lapsed before allowing subcontractors to begin work on a project. Without proper coverage, general contractors can be held liable for injuries of their subcontractor’s employees. The plaintiff in Suazo was…

Change on the Horizon: What the Government Transparency Act Could Mean for Public Employers

Julia Hooten

In general, except for basic information, the personnel files of public employers are mostly private. NCGS Sec. 153A-98 for County employees, and the companion statute for municipal employees, NCGS Sec. 160A-168, make private the personnel records of public employees, former public employees and applicants for public employment except for 12 enumerated specifics: Name; Age; Date of…