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Workers’ Compensation – Credibility – Medical Evidence – Objective Tests – Hearing Loss
Regardless of the single commissioner’s opinion about the claimant’s “inconsistent performance” at his workers’ compensation hearing, objective medical tests showed that the claimant’s eardrums had been ruptured and that he had suffered profound hearing loss after an explosion at work. In light of the objective medical evidence, the claimant’s lack of credibility was not [&hel[...]
Workers’ Compensation – Death Benefits – ‘Dependent’ – Girlfriend – Legal Relationship or Affirmative Undertaking
The decedent’s on again-off again relationship with the plaintiff-girlfriend did not qualify her as a “dependent” under the Workers’ Compensation Act since (1) there was neither a legal relationship nor an affirmative undertaking between them and (2) she cannot show either that she relied on the decedent for the reasonable necessities of life or […]
Workers’ Compensation – Successive Injuries – 500-Week Limit – Employer’s Credit
Claimant suffered five compensable injuries—two shoulder injuries and three back injuries—while working for the same employer; the fifth injury, a back injury, left him permanently, totally disabled. In this situation, the employer was entitled to a credit for the temporary total disability benefits claimant had already received for his fifth injury but not for the […]
Workers’ Compensation Work-Related Injuries – Permanency Determination – Motion to Recuse
Where workers’ compensation commissioner threatened claimant with referral for criminal prosecution unless he settled his case, commissioner erred in failing to refuse plaintiff’s motion for recusal. We reverse the decision of the court of appeals and vacate the orders of the commissioner and appellate panel entered against plaintiff. Plaintiff was a former lance corporal with […]
Workers’ Compensation Miner who smoked not entitled to black lung benefits
Where an administrative judge explained why an expert convincingly opined that a miner who smoked two packs of cigarettes a day for 50 years did not suffer from black lung disease, the miner was not entitled to benefits under the Black Lung Benefits Act. Background Donald R. Bell Sr. worked as a coal miner for […]
Workers’ Compensation Adequate Notice – Reasonable Excuse – Supervisors’ Presence
Where (1) the claimant lost consciousness and fell to the ground in the presence of his two immediate supervisors, (2) the supervisors knew the claimant was hospitalized that day, and (3) the respondent-employer began an investigation into the claimant’s injury long before the claimant filed his formal notice, substantial evidence in the record does not […]
Workers’ Compensation – Administrative – Interlocutory Appeal – Unaddressed Claims
The Appellate Panel of the Workers’ Compensation Commission addressed only one of the several injuries alleged by the claimant. The Appellate Panel declined to address injuries asserted in the claimant’s Form 50 (as to which the claimant sought mediation) because they were not properly before the Appellate Panel. The employer’s appeal of this decision is […]
Workers’ Compensation – Claims – Second Injury – Impairment Ratings
We improvidently granted review of our Court of Appeals’ decision (The appellant-employee settled a workers’ compensation claim with the respondent-employer following a second injury to a body part that had been injured in a previous workplace incident. We are unable to discover any cases similar to the unique posture of this case, but the American […]
Workers’ Compensation—Prompt Resolution – Unreasonable Delay – Unnecessary Remands
This case involves an alleged change of condition in a workers’ compensation claim. Where the Court of Appeals remanded an appellate panel’s decision back to the Workers’ Compensation Commission based on that panel’s improper review of the single commissioner’s decision, the appellate panel should not have remanded for a de novo hearing before a second […]
Workers’ Compensation –Exclusivity Provision – Statutory Co-Employees – Co-Employees’ General Employer
Plaintiff’s decedent and defendant Mundy Maintenance’s employees were acting as defendant Eastman Chemical Company’s statutory employees when Mundy’s employees used a torch flame to heat a pipe and when the decedent subsequently performed maintenance on the pipe and it exploded, killing the decedent. However, the fact that Mundy’s employees and the decedent were statutory co-employees [&[...]
Workers’ Compensation – Death Benefits – Common Law Marriage – Fornication – Illicit Relationship
Although appellant sought workers’ compensation death benefits as the decedent’s common law wife, since there was no evidence of any acts of fornication, the Workers’ Compensation Commission’s Appellate Panel erred in finding appellant and the decedent engaged in fornication. We reverse the denial of death benefits for appellant and remand for further proceedings. Day v. […]
Workers’ Compensation – Timeliness of Notice – Standard of Review – Substantial Evidence
Under well-settled law, the Workers’ Compensation Commission’s determination of whether a claimant gave timely notice under S.C. Code Ann. § 42-15-20 is not a jurisdictional determination and must be reviewed on appeal under the substantial evidence standard. We reverse the Court of Appeals’ application of the de novo standard of review and remand for a […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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