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
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…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…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…Read More
My employer was paying for the medical treatment for my work-related injury and now they are telling me that my workers’ compensation claim has been denied, can they do this? This issue was addressed by the North Carolina Court of Appeals in Garrett v. The Goodyear Tire & Rubber Company (2019). In this case the North Carolina Court of Appeals affirmed the prior decision of the North Carolina Industrial Commission who ruled that an employer may voluntarily provide payment of medical bills for an injured employee via the filing of a Form 63 and then later, and in some instances much later, file a Form 61 denying any further workers’ compensation…Read More
This issue was addressed by the North Carolina Court of Appeals in Bache v. TIC-Gulf Coast (2019). In this case the injured employee lived in Florida and was hired by an employer located in Colorado to work on a building site in North Carolina, which was estimated to take 1.5 to 2 years to complete the building project. The injured employee was paid an hourly rate for the work performed and received a $70/day per diem to cover living expenses while working in North Carolina, since the injured employee lived in Florida. After getting off work one day the injured employee and a co-worker went out to dinner at a…Read More
