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 being received in a new position within the assigned work restrictions. Instead, the North Carolina Industrial Commission when ordering payment of partial disability checks for an injured employee must receive evidence…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 than 6 weeks, the North Carolina Industrial Commission may in “unusual cases” order a lump sum payment for future Disability Checks, if it is in the best interest for the…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, what medical treatment is “directly related” to the injured employee’s injury at work such that her employer would be responsible for payment for the medical treatment? The North Carolina Supreme…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 for weekly disability checks to the injured employee. The evidence before the North Carolina Industrial Commission was that: The injured employee was assigned permanent work restrictions due to the injury…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. You also need to show that if you received any income after you became disabled, that income is from some retirement account, a payout from a worker's compensation claim or…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 to commute to and from the employer’s office and to travel to and from clients’ job sites. On the date of the injury employee’s injury, the injured employee left the…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 which resulting in an injury to his right shoulder. When he filed a new claim for workers’ compensation benefits, his employer denied the claim alleging that the prior settlement agreement…Read More
This issue was addressed by the North Carolina Court of Appeals in Ball v. Bayada Home Health Care (2019). In this case the injured employee began work for the employer in May 2010 and worked in a part-time position earning $8.00/hour until November 2010 when the injured employee began working a full-time position. In February 2011 the injured employee was transferred to a new position which required increased work hours and included an hourly pay increased to $10.00/hour. However, on the injured employee’s first day of work in the new position, the injured employee suffered an injury at work. The primary issue in this case was the amount of the weekly disability checks the injured employee was entitled to receive. The employer argued this amount should be based on the average wages paid by the employer to the injured employee…Read More
In this article, you can discover… What to do immediately following a commercial truck accident. Symptoms to look out for following a truck accident. How an attorney can connect you with specialists and advocate for you meaningfully. What Should I Do Immediately After A Tractor Trailer Accident? First and foremost, call 911 to report the accident. Your safety is the top priority, so check yourself for any injuries and see if you're able to safely exit your vehicle. Pay attention to any pain or signs of injury, even if they seem minor. If you’re able to leave the vehicle, try to gather names and contact information from everyone involved. It's also a good idea to take photos of the accident scene, the damage to the vehicles, and any visible injuries you may have—your cell phone will come in handy for…Read More
Suffering a personal injury can be life-changing, and understanding the legal terms involved is essential to getting the compensation and justice you deserve. Whether you're dealing with the pain of physical recovery or the stress of mounting medical bills, knowing how liability, damages, and negligence factor into your case can give you the power to protect your rights. This guide breaks down key legal terms every personal injury claimant in North Carolina should know, helping you take control of your path to recovery. Keep reading to learn about… How negligence and liability factor into your personal injury claim. What damages you may be entitled to in North Carolina. How a pain journal can benefit you, and what to record. What Constitutes A Personal Injury Claim? When most people think of a personal injury claim, they often associate it with car…Read More
