North Carolina Court of Appeals Retains Pre-Reform Definition of Suitable Employment

Suitable employment is an issue frequently litigated in workers’ compensation claims in North Carolina. Typically, a job is offered and the claimant refuses the job on the basis that it is allegedly unsuitable. For decades, this issue has troubled employers because claimants could, with seeming impunity, refuse legitimate work and continue to collect temporary total disability.

Prior to 2011, North Carolina case law dictated that post-maximum medical improvement (MMI) employment must be (1) available in the local labor market, (2) reasonably attainable and offers opportunity …

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Leveraging Compromises in the New York Workers’ Compensation System

Compromises are a vital and frequent part of the workers’ compensation litigation process. However, one should take care to avoid negotiating them out of habit. With two doctors giving irreconcilable opinions, parties will often agree to split benefits straight down the middle in lieu of litigation.

Sometimes, such as when both parties concede partial disability and are within a close margin, this is a helpful way to allay costs of depositions and further court appearances. Often, upon hearing the word “compromise,” a judge will automatically …

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