Maximizing Post-Injury Earning Capacity

Heather Baker

Getting an injured worker back to work is often the ultimate goal when mitigating exposure. When considering how to best maximize an injured worker’s post-injury earning capacity, employers and adjusters should attempt to collect information regarding an injured worker’s potential pre-existing limitations, vocational skills, education, and experience as early as possible. This could be done…

Full Commission Reverses Decision in Extended Benefits Case, Milton Nobles v. NCDHHS and CCMSI

Tracey Jones

On September 29, 2021, the Full Commission entered an Opinion and Award in Milton Nobles v. North Carolina DHHS and CCMSI. The Full Commission reversed Deputy Commissioner Harris’ Opinion and Award and denied claimant’s right to extended benefits beyond the 500 weeks, as well as his claim for PTSD. The Full Commission panel consisted of Commissioner…

Early Trends in North Carolina Extended Benefits Cases and How Comparable Jurisdictions in the Southeast Have Analyzed Similar Statutory Caps

Tracey Jones and Lindsay Underwood

Last Updated: September 30, 2021 The North Carolina Industrial Commission has recently issued decisions in the first round of extended benefits cases, in which claimants are arguing entitlement to temporary total disability benefits past the 500-week cap on benefits. Six cases have been heard and decided at the Deputy Commissioner level, and four of those…

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A recent unpublished case from the Court of Appeals, Suazo v. Gutierrez-Bojorquez, reiterates the importance of obtaining certificates of insurance and ensuring coverage has not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…