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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Garrett v. Goodyear Tire & Rubber Co.

In a recent case, Garrett v. Goodyear Tire & Rubber Co. (Garrett II), the North Carolina Court of Appeals affirmed the Industrial Commission’s determination that a claimant was not disabled due to her failure to engage in a reasonable job search. This case was before the North Carolina Court of Appeals a second time. In its first hearing on the matter, the Industrial Commission concluded the claimant’s neck injury was
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North Carolina Court of Appeals Affirms Industrial Commission’s Denial of Bellwether Cases

The North Carolina Court of Appeals recently affirmed the Industrial Commission’s denial of claims, collectively known as the bellwether cases, that constituted a small portion of 144 consolidated workers’ compensation claims. Specifically, Walter Hinson, decedent-employee, worked for Continental Tire the Americas at its factory in Charlotte, North Carolina. The decedent’s estate alleged that his employment exposed him to levels of harmful airborne asbestos sufficient to cause asbestos-related disease. In addition
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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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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
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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
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