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®.

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.

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.

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.

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

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®.

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).

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.

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.

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.”

By: Melissa P. Woodard

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.

By: Mallory E. Lidaka

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.

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.

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.

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.

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.

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.

By: Jeffrey A. Misenheimer

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.

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.