“Common Sense Isn’t Enough”

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The Court of Appeals recently held that Plaintiff’s lay testimony was insufficient to establish increased risk in an occupational disease claim. In Briggs v. Debbie’s Staffing, Inc., Plaintiff worked as a Ceramic Technician, which required him to work a portion of his time on a Voeller machine.  The Voeller machine mixes water with various dry…

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North Carolina Court of Appeals Issues Decisions Analyzing Disability Post-Wilkes

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The Court of Appeals recently released two decisions that analyzed issues relating to disability – specifically, the burden of proving futility – post-Wilkes v. City of Greenville. In Adame v. Aerotek, an unpublished decision, Plaintiff sustained a low back injury in June 2013. After receiving conservative treatment with multiple doctors, Plaintiff was ultimately released with…

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March Updates from the NC Industrial Commission

Two long-time Deputy Commissioners have recently been nominated by Governor Roy Cooper for appointment to the Full Commission.   Deputy Commissioners Robert J. Harris and Myra L. Griffin have both served in their current roles since 2005, adjudicating cases and conducting full evidentiary hearings around the state.   Their appointments are pending confirmation by the North Carolina…

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