In a recent decision by the Full Commission, the Commission recognized that an employee suffered a specific traumatic incident resulting in injury to her back despite the fact that the pain did not...
In a recent case before the North Carolina Court of Appeals, a Judge Jackson and Judge Hunter found that an employee's undisclosed medical condition increased his risk of a back injury combined with...
The North Carolina Court of Appeals has ruled that stress can be an occupational disease which will support a workers’ compensation claim. Family of dead workers collects full workers' compensation benefits.
A man from Fayette County, West Virginia has filed suit against a company in Kanawha County, West Virginia claiming that during his employment there, the company fired him in retaliation for his filing a workers' compensation claim. He also claims that his employer violated the West Virginia Human Rights Act.The suit was filed against Mountaineer Grading Company and Mickey Farmer on January 29...
Barbara Shuford, a former employee of Regal Manufacturing Company, injured her knee in a work-related accident. The injury resulted in a medial meniscus tear. While the claim was held to be compensable by the North Carolina Industrial Commission, the employer and carrier appealed the Commission's holdings to the North Carolina Court of Appeals. After her injury, Ms. Shuford was laid off when...
Stevie Johnson, a custodial worker for the City of Winston-Salem, developed carpel tunnel syndrome after fifteen years of employment and the City of Winston-Salem denied his claim. Without access to health care through workers' compensation and with his health insurance running out, Mr. Johnson was forced to discontinue his medical treatment and physical rehabilitation. While normally, a...
Penny M. Rumple Richardson was injured in a motor vehicle collision on May 16, 2001, while in performance of her work duties as a Certified Nursing Assistant in the employ of Maxim Healthcare/Allegis Group. Following the accident, Ms. Richardson noticed that her right breast was smaller than it had been prior to the accident and that the left breast had ripples. Since Ms. Richardson had...
On January 5, 2008, in Gaston County, two employees of a "mom and pop" convenience store were shot when an armed individual came in shooting in a violent robbery attempt as the two were closing the store. The shooting left the couple in critical condition. While the 16-year old alleged assailant was arrested within days of the shooting, his capture does not help the two employees victimized...
Social security disability law now requires all claimants to wait 5 months after their disability to began collecting disability benefits.A bill proposed by U.S. Sen. Sherrod Brown (D., Ohio) would remove the 5 month waiting period for terminally ill claimants.The purpose of the 5 month waiting period, a standard back-to-work benchmark was meant to avoid paying benefits to those who don't have...
In recent decisions , the Supreme Court of Montana has ruled in favor of two employees on the issue of whether their injuries from an accident which occurred off premises on a break and at an employer sponsored social or recreational of function were within the course and scope of employment and therefore payable.The court says that the employees are due benefits for the personal injuries...
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