Compensation | InjuryBoard Fayetteville

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...

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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.

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A congressional committee is reviewing failure by employers to report job-related injuries and illnesses and poor working conditions resulting in higher injury and fatality rates than claimed by federal regulators.

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Employees working two jobs in North Carolina generally unable to obtain compensation for out of work time from both jobs.

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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...

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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...

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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...

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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...

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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...

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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...

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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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The news media loves sensationalism. Bad deeds seem to be more interesting than good deeds. That is why newspapers and television newscasters love to give publicity to killers, crooks and other wrongdoers.One of these cheaters received a lot of publicity lately for a crime that did far greater harm that may at first seem apparent.David VanDeusen, of Tully New York plead guilty to collecting $...

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A large insurance agency has been ordered to pay $5.8 Million to a small business because it failed to obtain workers compensation insurance for that business. The agency, Hilb, Rogal and Hamilton Insurance Services, also failed to tell the company that it was not covered by workers compensation insurance. An employee of the small company was burned while at work and filed a workers...

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Oftentimes, injured employees do not fully understand what repercussions they face if they do not cooperate with the workers' compensation carrier or their employer. Without an experience workers' compensation attorney to assist them, they often end up in situations where they find their benefits cut off or temporarily suspended. The most common method employers and carriers use to terminate...

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In previous entries, I have discussed how to establish a permanent disability claim in a workers' compensation case before the North Carolina Industrial Commission by showing: (1) medical evidence of inability to work; (2) No employment available given restrictions to work; (3) Futility of seeking employment due to a number of factors; and (4) Ability to find work but at a lower pay rate than...

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