Our firm has recently started receiving inquiries regarding the possibility of claimants receiving extended benefits beyond the 500 week cap on TTD in G.S. 97-29. In addition, the issue is also now being raised by eligible injured employees. There have been no decisions on any of the total loss of wage earning capacity claims yet,…
The North Carolina Court of Appeals recently issued an unpublished decision in the case of Bache v. TIC-Gulf Coast. The opinion highlights issues relevant to personal travel versus business travel. Plaintiff was hired as a heavy equipment operator by Defendant, an industrial construction company. He relocated from Florida to Wayne County, North Carolina for the…
There are two categories of workers’ compensation claims: injury by accident and occupational disease claims. Occupational diseases are contracted over time based on the nature of the employee’s job. Some of the most common examples are hearing loss, respiratory diseases from alleged exposure to harmful chemicals or dust, and carpal tunnel syndrome. North Carolina has…
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…
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…
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…
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…
The North Carolina Court of Appeals recently issued a new opinion concerning the coming and going rule. In the case of Wright v. Alltech Wiring & Controls, the Court provided some guidance concerning the contractual duty and traveling salesperson exceptions to the rule. The deceased worked as an estimator, which required him to visit various…
Bruce Hamilton and Heather Baker visiting Kids’ Chance of America at the National Workers’ Compensation & Disability Conference in Las Vegas.
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’…