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…

The Developing Disability Dilemma

Recent rulings from The North Carolina Supreme Court and Court of Appeals have set Workers’ Compensation Defendants somewhat adrift regarding the burdens of proof relating to disability. With this uncertainty, and to counter the testimony historically provided by Plaintiffs seeking indemnity benefits, Defendants involved in complicated disability disputes should consider early involvement of a vocational…