This issue was addressed by the North Carolina Court of Appeals in Jackson v. The Timken Company (2019). In this case the injured employee suffered a stroke at work. However, there was not sufficient medical evidence to prove that the stroke was caused by the injured employee’s work for the employer and based on this the North Carolina Industrial Commission denied the injured employee’s entitlement to workers’ compensation benefits. The injured employee then asserted a claim in civil court for medical negligence against the employer and the employer’s company nurse based on alleged negligent diagnosis and treatment for the injured employee’s stroke. The North Carolina Court of Appeals ruled that…Read More
This issue was addressed by the North Carolina Court of Appeals in Holland v. Parrish Tire Company (2019) In this case the North Carolina Industrial Commission denied the injured employee’s entitlement to workers’ compensation benefits based solely on finding of fact regarding the medical records for the injured employee’s injury. The North Carolina Court of Appeals, however, ruled that the North Carolina Industrial Commission must consider the testimony of the injured employee’s treating physicians and make findings of fact regarding this testimony when ruling on an injured employee’s entitlement to workers’ compensation benefits. Because this was not done in this case, the North Carolina Court of Appeals sent the case…Read More
In this article, you will discover: How long do SSDI benefits last after approval Whether SSDI recipients are eligible for Medicare benefits Whether you can work while receiving SSDI benefits Myth #1: Most People Get Denied SSDI Benefits Their First Time Applying That is not a myth. Thousands of people apply country-wide, and less than half are approved the first time. If you plan on applying for disability, don’t let that initial denial get to you. People who are often approved early on are older. They have severe conditions such as cancer. In most cases, the oldest and most unskilled workers are approved initially. Myth #2: SSDI Benefits Last Forever…Read More
This issue was recently addressed by the North Carolina Court of Appeals in Porter v. Goodyear Tire and Rubber Company (2024). In this case the injured employee was assigned work restrictions due to a work-related injury. The injured employee was performing a position for the employer within the assigned work restrictions, which did not pay the same pre-injury wages each week. The employer arguably had other positions the injured employee could apply for which may have resulted in the injured employee receiving the same pre-injury wages. The North Carolina Court of Appeals ruled that it is not enough for an injured employee to just compare The Pre-Injury Wages to the wages…Read More
The answer to this question is, sometimes. This issue was recently addressed by the North Carolina Court of Appeal in the case of Blackwell v. N.C. Dept. of Public Instruction (2024). This case dealt with an injured employee who due to her workplace injury was determined to be permanently and totally disabled from returning to any type of work in the future. The injured employee requested a lump sum payment for her future disability checks instead of continuing to receive the disability checks on a weekly basis. The North Carolina Court of Appeal noted that pursuant to N.C. Gen. Stat. 97-44, whenever any weekly payments have been continued for not less…Read More
The North Carolina Supreme Court recently addressed this issue in Kluttz-Ellison v. Noah’s Playloft Preschool (2024). In this case the injured employee had a total knee replacement surgery prior to her work-related injury, and she had struggled with weight issues for many years prior to her work-related injury. The injured employee’s treating physician determined that her injury at work caused the need for her to undergo surgery to address the loosing hardware for her prior total knee replacement surgery. However, the injured employee’s treating physician recommended she undergo bariatric weight loss surgery prior to the additional surgery for her knee. The issue which ultimately came before the North Carolina Supreme Court was,…Read More
The answer to this question is ABSOLUTELY! And you may also need a vocational expert to testify that you are not able to find new employment as well. This was recently highlight by the North Carolina Court of Appeal in Fenty v. Wake County Public School System (2024). In this case an employee was injured at work in February 2020 and the employer agreed to provide payment for medical treatment and weekly disability checks for the time the employee was missing from work. A hearing later occurred in this matter before the North Carolina Industrial Commission in September 2021, wherein the employer was requesting an Order allowing them to stop payments…Read More
In this article, you will discover: The documentation you should collect before an SSD hearing The questions you should be prepared to answer at an SSD hearing Common mistakes to avoid at an SSD hearing What Documents Should I Gather Before The Hearing? Your representative at the hearing will gather all the documents. The documents that are most critical to the case are the medical records. The medical records include longitudinal treatment histories showing any impairments or symptoms and how those impairments affect your activities of daily living. You want to ensure that all test results, MRIs and blood work are included. Quite often, medical facilities only include daily visits. …Read More
This issue was addressed by the North Carolina Court of Appeals in Wright v. Alltech Wiring & Controls (2019) In this case the injured employee was required to visit clients’ job sites and on the majority of days the injured employee would travel from home to the employer’s office before heading to clients’ job sites; however, on some mornings the injured employee would travel from home directly to the clients’ job sites and on most days at the end of the work day the injured employee would return to the employer’s office before traveling home. The employer provided the injured employee with a company truck, which the injured employee used…Read More
This issue was recently addressed by the North Carolina Court of Appeals in Collins v. Wieland Copper Products, LLC. In this case the injured employee had an accident at work in 2009 resulting in an injury to his right shoulder. The injured employee underwent two surgeries for his right shoulder, after which the injured employee returned to work for his employer. In 2014 the injured employee entered into a settlement agreement with his employer wherein he received a lump sum of money and in exchange his 2009 workers’ compensation claim was closed for any future benefits. In 2020 the injured employee had a new accident work for the same employer…Read More
