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L&R Blog
Greetings, and thanks for visiting Lewis & Roberts’ blog! Our firm is fortunate to be filled with several energetic lawyers with an interest in writing blog posts which might help potential clients find an attorney to represent their interests and serve as a springboard for the legal research of fellow North Carolina attorneys. The attorneys in our office concentrate on either general civil litigation or workers’ compensation defense, thus, these blog posts will focus a majority of our content on these areas of practice. However, in keeping with the informal tone of a blog, we also hope to publish an occasional lighthearted post illustrating that even lawyers can have a fun side.
If you have questions about our blog content or any of our practice areas, contact one of our experienced attorneys.
Thirty Consecutive Years of Best Lawyers® Nominations!
For thirty consecutive years, Lewis & Roberts has had one or more of our attorneys selected as a Best Lawyer®. This year, nine of our attorneys were honored by Best Lawyers® for inclusion in the 2024 edition of The Best Lawyers in America®.
UPDATE: Sturdivant v. NC Dept. of Public Safety - Extended Benefits pursuant to N.C. Gen. Stat. § 97-29(c)
On April 18, 2023, the North Carolina Court of Appeals re-filed an opinion in Sturdivant v. NC Dept. of Public Safety. The Court amended a prior misstatement regarding the members of the three-judge panel that heard and decided the case, added a dissent from Judge Hampson, which was not included in the prior decision, and amended the opinion in some notable regards.
WITHDRAWN: Sturdivant v. NC Dept. of Public Safety – Extended Benefits pursuant to N.C. Gen. Stat. § 97-29(c)
On March 21, 2023, the North Carolina Court of Appeals filed an opinion in Sturdivant v. NC Dept. of Public Safety wherein the Court interpreted when a plaintiff may be entitled to extended benefits under N.C. Gen. Stat. § 97-29(c). On Friday, March 31, 2023, the Court ordered the Clerk not to certify the opinion and withdrew the March 21, 2023 Sturdivant decision.
Extended Benefits pursuant to N.C. Gen. Stat. § 97-29(c)
As the issue of extended benefits is hotly contested, heavily debated, and financially significant for both plaintiffs and defendants, the first cases regarding the 500 week indemnity entitlement cap are making their way through the litigation and appeals process. Let’s take a look.
Eighteen Consecutive Years of Super Lawyers!
For eighteen consecutive years, Lewis & Roberts has had one or more of its lawyers selected as a Super Lawyer®. This year, seven of our partners were honored by Super Lawyers Magazine for inclusion in the 2023 issue for North Carolina. Super Lawyers® selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.
John Ruocchio Named Best Lawyers® “Lawyer of the Year” in the Raleigh Area
John Ruocchio Named Best Lawyers® “Lawyer of the Year” in the Raleigh Area
Twenty-Eight Consecutive Years of Best Lawyers® Nominations!
For twenty-eight consecutive years, Lewis & Roberts has had one or more of our attorneys selected as a Best Lawyer®. This year, eight of our attorneys were honored by Best Lawyers® for inclusion in the 2023 edition of The Best Lawyers in America®.
The Odd and Odious Occupational Disease: A Three-Part Series - Part III: The Overuse of Overuse Conditions—Short-Term Exposure Claims
By: Jeffrey A. Misenheimer and Melissa P. Woodard
This is the third and final part in our three-part series on occupational diseases in North Carolina. In this post, we will discuss the issues surrounding overuse and short-term exposure occupational diseases. As noted in our prior posts, Part I and Part II, there are two categories of occupational diseases: enumerated and unenumerated. Most short-term exposure claims fall into the catch-all provision under N.C. Gen. Stat § 97-53(13).
The Odd and Odious Occupational Disease: A Three-Part Series - Part II: Wait, When was Our Coverage Period?—The Long Game
By: Jeffrey A. Misenheimer and Melissa P. Woodard
Welcome to Part II of our three-part series on occupational diseases in North Carolina. In this post, we will discuss the issues surrounding long-term exposure occupational diseases. As noted in our prior post, (INSERT LINK HERE), there are two categories of occupational diseases: enumerated and unenumerated. Some long-term exposure cases are specifically enumerated like asbestosis and silicosis, while others, like cancer, are not specifically enumerated.
The Odd and Odious Occupational Disease: A Three-Part Series - Part I: Enumerated versus Unenumerated Conditions
By: Jeffrey A. Misenheimer and Melissa P. Woodard
Welcome to Part I of our three-part series on occupational diseases in North Carolina. In this post, we will provide an overview of the statute regarding occupational diseases and discuss the differences between conditions that are specifically named, or enumerated, in the statute and those that are not specifically listed, or unenumerated.
Bystander Claims for Negligent Infliction of Emotional Distress
By: Brian R. Taylor
In North Carolina, a bystander to a third-party’s injury which was caused by the negligent act of another may recover under a theory of negligent infliction of emotional distress (“NIED”). These claims in which the plaintiff is concerned for the welfare of another are often referred to as “bystander claims.”
Planning Some Fun in the Sun with Your Employees? – What You Need to Know About Injuries During Company Outings
Spring has sprung and warm weather is upon us here in North Carolina. With the biggest waves of the pandemic hopefully behind us, many employers are planning to celebrate with their employees by hosting outdoor events in the coming months. What legal implications might this have from a workers’ compensation perspective? Let’s explore.
Is it Suitable? Considerations for Returning Claimants to Work
The main goal in defending any workers’ compensation claim is to limit defendant’s exposure as a result of the on-the-job injury. One way to keep the costs of a claim to a minimum is to return an employee to work as soon as possible. Let’s explore the options carriers have for returning claimants to work both before and after their medical treatment has concluded.
Be Careful What You Say (or Don’t Say) –Judicial Estoppel and the Wealth of Information in Bankruptcy
By: Matthew D. Quinn
During the standard client intake process, it is common for a plaintiff’s attorney to inquire whether the potential client has ever been a party to any prior judicial proceeding. Frequently a potential plaintiff will disclose prior workers’ compensation claims or other such proceedings.
Terminating Benefits - An Insider’s View of the Form 24 Process - Part 3 of 3
By: John Ruocchio
In the previous two blogs, we discussed the Form 24 application, the basis for terminating benefits and issues with same. This final blog will address other topics that have been presented appropriately and inappropriately to the Industrial Commission in the course of a Form 24 application.
Terminating Benefits - An Insider’s View of the Form 24 Process - Part 2 of 3
By: Holly S. Culley
Welcome back to Part 2 of our blog series on terminating indemnity benefits. In this installment, we will talk about other methods and situations in which a claimant’s indemnity benefits are terminated.
Terminating Benefits - An Insider’s View of the Form 24 Process - Part 1 of 3
By: John H. Ruocchio
This and the next two posts are going to identify some of the more common bases for terminating benefits. The information herein comes from discussions with a former Special Deputy Commissioner.
To extend or not extend indemnity compensation beyond 500 weeks, that is the question. The Commission has now provided the legal framework to be applied.
By: Paul C. McCoy
In Betts v. North Carolina Department of Health and Human Services (“Betts”), the Full Commission addressed for the first time its interpretation of N.C. Gen. Stat. § 97-29 with respect to an employee’s claim for indemnity compensation in excess of 500 weeks.
“We Have Your Back”
The attorneys at Lewis & Roberts consider all of the possible contingencies of each case in order to protect the interests of our clients. In North Carolina workers’ compensation cases, one of those contingencies is when a third-party causes a plaintiff’s workers’ compensation injury. In North Carolina, a workers’ compensation defendant has a right to pursue monies recovered by the plaintiff in a civil proceeding brought against the at fault third-party. In such a situation, our attorneys seek to protect the “lien interest” of our clients.
Seventeen Consecutive Years of Super Lawyers!
For seventeen consecutive years, Lewis & Roberts has had one or more of its lawyers selected as a Super Lawyer®. This year, five of our partners were honored by Super Lawyers Magazine for inclusion in the 2022 issue for North Carolina. Super Lawyers® selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.