North Carolina Court of Appeals Determines Parsons Presumption Applies to New Injury to Accepted Body Part

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On May 12, 2007, Plaintiff was working as a tire builder for Defendant-Employer, and sustained injury to her right shoulder. Defendants accepted the right shoulder as compensable. Plaintiff underwent surgery and returned to work. Plaintiff sustained a number of exacerbations to the right shoulder over the course of her claim. Following one incident in 2010,…

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Just What is “Just Cause?”

On March 21, 2017, the North Carolina Court of Appeals issued an unpublished opinion affirming a decision of the Office of Administrative Hearings that the Department of Social Services (“DSS”) lacked “just cause” under the North Carolina Human Resources Act for dismissal of an employee for unacceptable conduct. A DSS employee was terminated for making…

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Best & Worst States to Practice Medicine: See Where NC Ranks

This interesting article attempts to rank states from least to most friendly to physicians based on several factors including malpractice premiums, medical malpractice settlements and verdicts, physician density, access to tertiary care facilities and overall health of the population.  North Carolina ranks #23 overall but notably makes the list of lowest malpractice award payout per…

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The Dangers of Dual Agency

With breach of fiduciary duty claims continuing to top the list for legal risks facing real estate brokers and agents, dual agency and the risks and responsibilities associated with the same remain a critical issue for real estate agents. This is because fiduciary claims frequently arise in the context of dual agency—whether because of undisclosed…

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Case Law Update: Attendant Care

Thompson v. International Paper Co. On February 23, 2012, Darrell Thompson was involved in an at-work accident and suffered severe burns that covered more than 23% of his body, mostly to his left shoulder and arm.  Following the injury, Mr. Thompson underwent three major skin graft surgeries and received treatment from several providers at the…

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Four Tips to Consider Before Signing a Contract

From lengthy and formal purchase and sale or lease agreements to nondisclosure agreements and employment agreements, written contracts are a routine part of the day to day operations of most businesses. By making sure your contracts are clear and accurate before you sign, you can eliminate a significant amount of risk should things not go…

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Dram Shop Law (Alcohol Liability) in North Carolina: A Primer

The Alcohol Beverage Control Commission (ABC) is a State Government Agency within the North Carolina Department of Commerce charged with providing uniform control over the sale, purchase, transportation, manufacture, consumption and possession of alcoholic beverages.  There are special risks involved in selling alcohol to the public.  The ABC Commission issues ABC permits, and works with…

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North Carolina Announces New Fiduciary Relationship for Health Care Providers Independent of Physician-Patient Relationship

On January 27, 2017, in King v. Bryant, the Supreme Court of North Carolina held that health care providers now owe prospective patients a fiduciary relationship that is independent of a physician-patient relationship and can even exist prior to formation of a physician-patient relationship. What Happened In King, the plaintiff-patient presented to an ambulatory surgical center…

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Three Tips for Businesses Using Non-Competes and Non-Solicitation Agreements

In the information economy, managing employee knowledge is critical. Recent labor trends of decreasing employee tenure only heightens the importance for businesses and employers to take pro-active steps in protecting sensitive information and relationships developed in the course of business from frequent employee turnover. Regardless of industry, employment agreements such as non-competes and non-solicitation agreements…

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