Phillip B. Jefferson

All articles by Phillip B. Jefferson

 

Using Labor Market Surveys to Rebut Disability

An issue that is frequently encountered in workers’ compensation claims is whether a claimant can prove disability — i.e., whether the claimant can show that they are incapable of earning their pre-injury wages at the same or any other employment as a result of their work-related injury. One tool that employers can use to rebut evidence of disability is a labor market survey prepared by a vocational rehabilitation expert. To
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Forum Section Critical in Carolina UIM Benefits Case

A recently published North Carolina Court of Appeals workers’ compensation case highlights an issue for consideration when there is an opportunity to select a forum for workers’ compensation benefits involving a claim where UIM benefits are a potential recovery source for subrogation. In Walker v. K&W Cafeterias, Robert Walker (decedent) was killed in a motor vehicle accident while driving a truck for his employer, K&W Cafeterias, Inc. K&W is a North Carolina
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The Current State of the North Carolina Industrial Commission

Before Governor Cooper was set to take office in 2017, the North Carolina legislature allowed outgoing Governor, Pat McCrory, to appoint Charlton Allen as the chair of the North Carolina Industrial Commission. McCrory also appointed Yolanda Stith as vice-chair of the commission and provided her with a nearly nine-year term. Following McCrory’s appointments, incoming Governor Cooper brought suit against Senate Leader Philip Berger and House Speaker Tim Moore, as well
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