Workers’ Comp., whether findings of fact supported by competent evidence; whether failure to file Form 44 abandons appeal to Full Commission; whether disability was proven by plaintiff under Russell v. Lowes Prods. Among other issues, the Court of Appeals affirmed and Opinion and Award of the Industrial Commission denying permanent and total disability benefits to […]
Cooper v. BHT Enter., (08-711) Read More »
Remember that when you are injured on the job, you should second guess “friendly advice” from your employer. Joey Hodgin has represented many clients who took the advice of their employer, only to be hurt by that advice later on down the road. Employers will tell injured workers that they don’t have insurance, when in
"Friendly Advice" from Your Employer? Read More »
The employer admitted that it employed 3 or more employees from 1988 through March 22, 2006. The employer also admitted that during that time period it did not carry Worker’s Compensation Insurance. Consequently, the employer was fined by the Industrial Commission pursuant to N.C.G.S. 97-94(b).
Crawford v. Phillips Read More »
You HAVE TO maintain those parts of your business that help make money. You have to maintain the vehicles or else they’ll break down. You have to update the anti-virus software or the computers won’t work. You have to clean the cooking equipment and sharpen the knives, or else the meals don’t get cooked and
Physical Fitness in the Workplace Read More »
The claimant suffered a compensable back claim on June 5, 2003. The claimant then suffered an aggravation of his initial injury while working for a different employer on January 23, 2006. The Industrial Commission held that because expert medical testimony could not adequately attribute a certain percentage of the claimant’s disability to each employer, both
Newcomb v. Greensboro Pipe Co. Read More »
We have all heard the statistics of the vast amount of productivity that is lost each year due to illness and injury. As productivity goes, so do profits and then the overall welfare of a business. This theme should sound overly familiar to many of us in today’s troubled economy. Many times illness or a
Loss of Productivity Due to Illness and Injury Read More »
Time limitations for filing workers compensation claims. The issue was whether claimaint’s right to seek treatment for her neck injuries was time barred since he had sought treatment for his low back and not his neck. The Court of Appeals decided that there was no authority offered for the proposition that previous compensation, as defined
Erickson v. Siegler, (07-1420) Read More »
We as a country have to start making our health a priority. Right now our health is not at the top of the list for most of us. Unfortunately, this way of thinking about our own well-being is now affecting the workplace. And make no mistake, this wrong headedness is not in the exclusive possession
Make Health our Major Priority Read More »
It is extremely important for injured workers to give an accurate and detailed account of their accident and resulting injuries to the doctors they initially see. In Joey Hodgin’s experience, the Industrial Commission places a lot of weight on the descriptions found in the initial medical records. Conversely, if a patient does not give a
Accurate and Detailed Account of an Accident Read More »
Workers’ Compensation Rule 502(3)(b); pro se plaintiff’s submission of compromise settlement agreement directly to Industrial Commission did not render agreement unenforceable when it otherwise complied with N.C.G.S. § 97-17(a). Employer tried to back out of a settlement reached with the employee. The settlement was based on the need of a future knee replacement, however the
Chaisson v. Red Simpson, (08-704) Read More »