Implications of Recent Case Law on the Exclusive Remedy Doctrine

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The North Carolina Court of Appeals recently released two decisions that impact the state’s exclusive remedy doctrine. Under N.C. Gen. Stat. § 97-10.1, the North Carolina Workers’ Compensation Act provides an exclusive remedy for unintentional work-related injuries. This provision affords North Carolina employers “limited” liability and allows employers to more accurately calculate their exposures, unlike…

Kyla Block and Melissa Woodard Obtain Favorable Opinion from Full Commission Regarding Nuanced Disability Claim

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Teague Campbell attorneys Kyla Block and Melissa Woodard recently received a favorable decision from the Full Commission in a nuanced disability argument.  Melissa argued the case before the Full Commission in February 2019 and the Commission’s Opinion and Award was filed July 2019.  The claim involved a high-level employee at a production plant who sustained…

Does NC COA decision in Jackson v. The Timken Co. threaten the exclusive remedy doctrine?

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The increasing trend of employers to provide on-site medical staff can have numerous benefits for both employees and employers. Due to convenience, employees may be more likely to utilize the on-site medical services, leading to quicker identification of health issues and easier management of health care needs and costs for both parties. Employees may spend…

NC Industrial Commission Update

Former state representative Ken Goodman has been confirmed as a Commissioner at the Industrial Commission by unanimous vote in the House and Senate of the General Assembly on April 18, 2019. He previously served as a Democratic member of the General Assembly representing the 66th district in Montgomery, Richmond, and Stanly Counties. James Gillen has…

Emerging Issues: Workplace Harassment and Workers’ Compensation in the #MeToo Era

Discussion of workplace harassment reached a fever pitch last Fall when media reports streamed seemingly endless claims against Hollywood moguls and corporate giants alike.  The #MeToo movement has added force to the discussion, no doubt leaving employers feeling exposed. Although harassment allegations are often handled in civil courts, certain allegations can be litigated in workers’…

Mixed Results In Appeal Of Civil Suit By Workers’ Compensation Insurer, Company Representatives

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A recent civil case involving a workers’ compensation claim examines the bounds of third-party beneficiary status in North Carolina.  Seguro-Suarez v. Key Risk Insurance Co. began as a workers’ compensation case filed at the North Carolina Industrial Commission.  However, the case recently decided by North Carolina’s Court of Appeals is a civil case which was…