A Quick Guide on How to Navigate Claims That Occur Outside of North Carolina

Whether the North Carolina Industrial Commission has jurisdiction to adjudicate a workers’ compensation claim can be critical to a claim’s defense. A scenario where this issue commonly arises is when an employee is injured outside of the state of North Carolina, yet chooses to file a North Carolina claim.

N.C. Gen. Stat. Section 97-36 is the statute governing the North Carolina Industrial Commission’s jurisdiction over claims arising from accidents occurring outside of the state. Of particular importance, the North Carolina Court of Appeals has held …

Continue Reading

North Carolina Court of Appeals Affirms Denial of Workers’ Compensation Claim After a Fatal Accident in a Company Vehicle

Gregory S. Horner and Alexandra S. Kensinger of Goldberg Segalla recently secured victory before the North Carolina Court of Appeals. In Wright v. Alltech Wiring & Controls, an employee died as a result of a motor vehicle accident which occurred while he was traveling home from work in a company vehicle. His estate argued that he was in the course and scope of his employment because he was driving a company vehicle.

Citing the “going and coming rule,” we argued that the decedent was …

Continue Reading

North Carolina Industrial Commission Uncovers Workers’ Compensation Fraudulent Activity in Craven County, North Carolina

The North Carolina Industrial Commission recently charged a woman with workers’ compensation fraud in Craven County, North Carolina.

Ms. Kimberly Ann Sutton has been charged with two counts of workers’ compensation fraud and two counts of obtaining property by false pretense. Fraud investigators found evidence that Ms. Sutton was working at the same time that she was simultaneously receiving workers’ compensation benefits. There was also evidence that she failed to disclose that she was employed by a different employer. This was in direct violation of …

Continue Reading

North Carolina Court of Appeals Affirms Full Commission Decision: Injury does not Fall under Pre-Amendment N.C. Gen. Stat. § 97-29

The North Carolina Court of Appeals has recently decided a case where the 2011 amendment of N.C. Gen. Stat. § 97-29 was in dispute.

In Brown v. N.C. Dept. of Public Instruction, the plaintiff suffered three injuries in 2002, 2011, and 2012, respectively all to her right shoulder. Here, the plaintiff alleged that her 2012 injury was related to her 2011 injury, which occurred days before § 97-29 was amended to establish the 500-week cap on compensability benefits. Prior the amendment, there was no …

Continue Reading