Gregory S. Horner

All articles by Gregory S. Horner

 

North Carolina Court of Appeals Holds Calculations of Average Weekly Wage Must Be “Fair and Just” to Both Employer and Employee

The North Carolina Court of Appeals ruled that when calculating the average weekly wage of an employee, the calculation must be “fair and just” to both the employer and the employee. In Ball v. Bayada Home Health Care, the plaintiff alleged to have suffered injuries to her left hand, bilateral knees, and right hip while employed as a certified nursing assistant (CNA) in February 2011. Her accident took place on the first day of work with a new patient — right
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Post-Wilkes Decision Tips for Handling Workers’ Compensation Claims

We recently wrote about the impact of the Wilkes v. City of Greenville decision. In this ruling, the North Carolina Supreme Court significantly expanded the “Parsons presumption,” which posits a relationship between an original work-related injury and additional treatments required.  It is possible that the North Carolina General Assembly will overturn the decision — though there is no guarantee.  If the General Assembly does not act, then we can expect to see a significant increase in claims for new body parts
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Parsons Presumption Still Applicable to Same Body Part

The North Carolina Court of Appeals has handed down a ruling that clarifies and potentially expands the “Parsons presumption,” a North Carolina precedent that posits a relationship between an original work-related injury and additional treatments required. This new ruling, in the case of Bell v. Goodyear, establishes that when a court accepts an injured body part as compensable, subsequent injury to the same body part is subject to the Parsons presumption, even if the exact location of the subsequent injury
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Post-Accident Drug Testing: Part 7 — North Carolina

After every accident involving potential human error, North Carolina employers should perform a drug test. The test must enable the defense attorney to prove not only the presence of an intoxicating substance, but the concentration. Most simple urine drug screens do not provide that information. The North Carolina Workers’ Compensation Act makes “intoxication” by illegal drugs, or legal drugs not taken as prescribed, a defense to a claim for an injury by accident. But “intoxication” is harder to prove than
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If the “Last Act” to Trigger Employment Occurred Outside N.C., The Claim May Not Be Compensable

A recent decision by the Court of Appeals of North Carolina highlights, in the context of workers’ compensation claims, the importance of where the “last act” necessary to form an employment contract occurred — particularly for companies that draw workers from other states. The good news for employers is: If that step was taken outside North Carolina, the employer may have a jurisdictional defense. In Holmes v. Associated Pipe Line Contractors, Inc., _ S.E.2d _, 7 February 2017, the plaintiff
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