Noting that in order to recover benefits for a stress-related condition under North Carolina's definition of occupational disease, it was insufficient merely to show that the employee endured "employment stressors" as a part of her work duties; the...
An auto liability insurer need not defend a wrongful death action filed against its insured, a corporation that had temporarily borrowed an employee of a separate, but related corporate entity to drive one of its vehicles. Because the borrowed driver was considered...
In an opinion not designated for publication, the Court of Appeals of North Carolina affirmed a trial court’s order granting the defendant/employer summary judgment in a retaliatory discharge action filed against it by a former police officer who was terminated...
An injured worker, who sustained catastrophic injuries that initially rendered him comatose and which ultimately resulted in significant behavioral and memory deficits, including deficits in executive functioning, problem solving, planning, and balance, may proceed...
A challenge to a court’s jurisdiction can be offered at any time, held a North Carolina appellate court. Accordingly, in a wrongful death action filed by the administratrix of a young woman’s estate against the deceased’s employer, that employer...
The North Carolina Industrial Commission properly denied a worker’s claim for benefits in connection with his alleged work-related asthma on the basis that he failed to present expert medical evidence to establish that the conditions of his employment placed...
A North Carolina appellate court affirmed the denial of workers’ compensation death benefits to the dependents of an employee, who worked as a supervisor for a public nonprofit agency and who sustained fatal injuries in a one-vehicle accident in an employer...
The North Carolina Industrial Commission did not err in concluding that plaintiff (“Bentley”) was an independent contractor—and not an employee—of a construction company where it appeared, in relevant part, that Bentley held himself out...
Where the former employee’s medical expert candidly allowed that he could not offer a medical opinion to a degree of absolute certainty that removed all speculation, but that he could say, to a reasonable degree of medical certainty, that the former employee...
Labor Official Touts 10th Anniv. of Mine Improvement/New Emergency Response Act . Implant Approved to Help Fight Opioid Dependency . CA: DWC to Enforce Lien Claimants’ Use of Uniform Assigned Name . CA: DWC Announces Temporary Total Disability Rates...
EEOC Issues Final Rules on Employer Wellness Programs . AR: Governor Seeks End to State’s Death, PTD Fund . CA: Frederick Dietrich Honored With Lifetime Achievement Award . CA: Michael Gerson Honored With Lifetime Achievement Award . CA: Joseph V...
Express Scripts Releases New Drug Trend Report . Leahy Bill in U.S. Senate Could Kill Key Provision in TX Nonsubscriber ERISA Plans . AZ: RBRVS Fiscal Impact Study Released . AZ: ICA Requests Oct. 1 Effective Date for UR Rules for Opioid Use . CA: Ninth...
OSHA Head Unveils Plans for 2016 . Federal Court Upholds Wellness Program, Rejects Lawsuit Filed by EEOC . NAIC Posts Latest Rankings for P&C Insurers Market Share . Risks Inherent With Sharing Economy Posed to Increase 20 Fold+ During Next Decade . ...
Senator Wants CDC to Explore Use of Medical Marijuana to Combat Opioid Abuse . NIOSH Explains Recommended Exposure Limit for Occupational Noise . NIOSH Offers Employers Advice on Helping Workers Use Vehicle Safety Features . AL: SB 122 Would Limit Employer’s...
A job offered to a Kingsport, Tennessee resident that was located in Charleston, South Carolina did not constitute “suitable employment” within the meaning of N.C. Gen. Stat. § 97–2(22), held a North Carolina appellate court. At issue was whether the 50-mile limit...