InjuryBoard Fayetteville Archives

• Workers' Compensation Denied to EMT Worker Injured on "Fun Day"

  Brent Adams | April 25, 2007 2:42 PM | 0 Comments
  Category: Workplace Injuries

  The North Carolina Supreme Court has recently entered a judgment which reverses the North Carolina Industrial Commission and the North Carolina Court of Appeals and held that it was error to award workers' compensation benefits to an EMT (Emergency Medical Technician) who was injured while operating a go-cart at a private amusement park during a "Fun Day" for Salter Path Fire & Rescue...

• Brent Adams Wins Workers' Compensation Case Before Court of Appeals

  Robin Martinek | April 25, 2007 9:39 AM | 0 Comments
  Category: Workplace Injuries

  In a unanimous decision, the North Carolina Court of Appeals found that workers who are required to bring their vehicles to work as part of their job can be compensated for injuries that occur as they are commuting to and from work. This ruling creates another exception to the normal "Coming and Going Rule" recognized in North Carolina, where injuries incurred while the employee is traveling to...

• N.C. Legislature Considers Bill That Could Lead to Increases in Insurance Rates

  Sheila Chavis | April 18, 2007 12:49 PM | 0 Comments
  Category: Miscellaneous

  Senator Tony Rand of Cumberland County recently and quietly introduced a bill that has sparked significant controversy among those who fight for consumers. SB901 would take the insurance rate setting power away from the NC Commissioner of Insurance and give the ultimate authority to a Superior Court judge. Many are projecting that if this bill passes, then North Carolina will see dramatic...

• The Truth About The Malpractice "Crisis"

  Brent Adams | April 13, 2007 12:08 PM | 0 Comments
  Category: Nursing Home & Elder Abuse

  Medical malpractice insurance companies have for years mounted a publicitycampaign in an effort to falsely convince the public that there is a "crisis" with respect to medical malpractice claims. The insurance companies would have you believe that doctors are leaving North Carolina or closing their practices because large settlements are being obtained through these lawsuits.Medical malpractice...

• Hunter Recovers $2 Million for Deer Stand Collapse

  Brent Adams | April 11, 2007 11:00 AM | 0 Comments
  Category: Miscellaneous

  A North Carolina hunting club has agreed to pay $2 Million as a result of a deer stand collapse.The 54 year old hunter suffered a T-1 burst fracture which resulted in paraplegia.The hunter was sitting in a wooden deer stand and fell when it suddenly collapsed. The hunter fell approximately 30 feet to the ground.The hunter alleged that the hunting club was careless in failing to properly inspect...

• Frequently Asked Questions Regarding Social Security Disability

  Vance Jennings | April 10, 2007 2:11 PM | 0 Comments
  Category: Miscellaneous

  Q: What is the Social Security Administration's definition of disability?A: The Social Security Administration's rules and regulations define disability as the inability to do any substantial gainful activity (SGA) as the result of medically determinable mental and/or physical impairments. These mental and/or physical impairments must be those that (1) have lasted or are expected to last for a...

• Tort Law

  Staff Writer | April 05, 2007 5:26 PM | 0 Comments
  Category: Miscellaneous

  What is a tort? Many years ago, a law school professor told me that a tort is just about every wrongdoing that does not involve a breach of contract. That broad definition did not give me a clear picture of tort law, but I did understand that 1) tort law was pretty broad and 2) that breaches of contract were not torts. One definition of "tort" listed in Black's Law Dictionary is "a legal...

• Malpractice Defendants Sue Their Lawyers

  Brent Adams | April 05, 2007 4:41 PM | 0 Comments
  Category: Miscellaneous

  In a case which reports a good example of abuse of our civil justice system by insurance companies, medical doctors who suffered a $217,000,000.00 verdict against them in a malpractice case have sued their own lawyers.Among the claims against their former lawyers was the fact their lawyers turned down settlement offers of $1,000,000.00 for one doctor and $3,000,000.00 for the other doctor. The...

• A Possible Shift in the Standard of Care for Delivery in Women With Preeclampsia?

  Sheila Chavis | April 04, 2007 4:36 PM | 0 Comments
  Category: Miscellaneous

  I recently delivered a healthy baby boy this past December. I suffered from post-partum high blood pressure, but luckily managed to avoid preeclampsia, a condition during pregnancy identified by high blood pressure and protein in the urine. The condition apparently affects approximately 8 percent of pregnancies here in the U.S. A report indicates that Norwegian physicians induce deliveries...

• Frequently Asked Questions regarding North Carolina Workers' Compensation Law

  Robin Martinek | April 03, 2007 8:43 PM | 0 Comments
  Category: Miscellaneous

  Does my employer fall under the North Carolina Workers' Compensation Statutes? If an employer has three or more employees, it is subject to North Carolina Workers' Compensation Statutes and required to either maintain workers' compensation insurance or qualify as self-insured. Who monitors and adjudicates workers' compensation claims in North Carolina? The North Carolina legislature has...

• NC Considering a Study of the Doctrine of Contributory Negligence

  Christina Medlin | April 03, 2007 4:34 PM | 0 Comments
  Category: Miscellaneous

  NC, while not alone, still uses the antiquated law of contributory negligence. 46 other states have abandoned the doctrine. The four jurisdictions actively working within this ghastly unpractical law are Alabama, Virginia, Maryland and the District of Columbia. The doctrine of contributory negligence prohibits recovery, even if the person is 1% at fault. An example of the doctrine in practice is...