By: Brian R. Taylor

In North Carolina, the analysis of a plaintiff’s negligence claim does not stop with plaintiff proving the essential elements of negligence: “that the defendant owed the plaintiff a legal duty, that the defendant breached that duty, and that plaintiff’s injury was proximately caused by the breach.” Martishius v. Carolco Studios, Inc., 355 N.C. 465, 473, 562 S.E.2d 887, 892 (2002). Additional investigation is required to determine whether the plaintiff was negligent, and whether the plaintiff’s negligence, even in the slightest amount, contributed to the plaintiff’s injuries.

By: Mallory E. Lidaka

When a workers’ compensation claim is nearing an end, the situation is often similar - a claimant has reached maximum medical improvement, has been released to return to work either with or without restrictions, and is either back to work for the insured, for another employer, or remains out of work altogether. When carriers reach this critical point in a claim, the questions are often “What is the next step?”, “What Industrial Commission Forms do I file?”, and “Is settlement an option?”. Below, we will explore options which exist for seeking to close out a workers’ compensation claim.

By: Matthew D. Quinn

It’s the holiday season, and everybody is enjoying get-togethers with family, friends, and work colleagues. The food is great and there’s plenty of it. For many, the same is true for alcohol: it’s ubiquitous, and unfortunately, many consume to excess. Accordingly, this seems like an opportune moment to generally discuss the scope of liability to injured third-parties (typically other drivers on the roadway) caused by overserving alcohol—i.e., the concept of “dram shop” liability.

By: John H. Ruocchio

Does having an employer sponsored party create risks? Does a slip on a spilled drink or sprained knee from dancing or a fallen Christmas tree at a holiday party pose workers’ comp exposure? Is the Workers’ Comp Act the Grinch that steals holiday cheer?

By: Jeffrey A. Misenheimer

As a general rule, businesses that operate in North Carolina and maintain three or more employees must maintain workers’ compensation insurance. The Industrial Commission and the Attorney General’s office take a firm position on this issue and may assess fines against employers who are not in compliance with the Workers’ Compensation Act. Specifically, there are two potential methods of penalty:

By: Holly R. Stephens

If you deal with worker’s compensation claims on a regular basis, you have probably heard of “a rating” or a “PPD” being assigned to workers’ compensation claimants in North Carolina, but what does that mean? PPD, or permanent partial disability, can be assigned by a physician and typically follows where the claimant has been placed at maximum medical improvement, otherwise known as the end of the healing period. In North Carolina, a physician will evaluate the claimant as to whether a disability rating is appropriate and assign its respective value.

By: Brian R. Taylor

When a claim involves an injured worker whose injury occurred outside of the State of North Carolina, there is a threshold issue that must be addressed. That is, does the State of North Carolina properly have jurisdiction over the injured workers’ claim. This issue is addressed in N.C. Gen. Stat. § 97-36.

By: Mallory E. Lidaka

Medical case management is a large part of handling workers’ compensation claims. The use of Nurse Case Managers is one of many resources that can assist with the positive progression of a claim.

By: Rita B. Dorry

In compensable worker’s compensation death cases, how do we decide appropriate beneficiaries? This answer can get a little sticky in an age where we have a significant increase in the number of divorces with a one (1) year separation period, illegitimate children, long-term live-in partners , students moving back home to live with their parents, stepchildren, as well as movement across state lines between spouses and children. But, N.C. Gen. Stat. §§ 97-38 through -40 and case law offer some guidance for determining the appropriate beneficiaries.

By: John H. Ruocchio

The standard definition of an injury by accident is something that is unlooked for, untoward, or unusual. The key is whether there was a slip, trip, twist or fall. A fall is typically based on being at an increased risk, i.e., on a ladder, a stool or some elevated surface. By way of being at an increased risk, one typically falls onto a desk, a wall or some other object causing injury. If those criteria are met, there is no question of compensability as it is an injury by accident.

By: Matthew D. Quinn

During the investigation of most civil actions, any plaintiff’s attorney worth their salt will ask the following question: Even if I get a judgment, will I be able to collect?

By: Paul C. McCoy

It is a well accepted legal principle that, if an otherwise compensable event aggravates or worsens a pre-existing condition to such a degree that an employee requires ongoing medical treatment and is disabled as a result of the incident, the employer and its carrier are nonetheless liable for workers’ compensation benefits despite an employee’s pre-existing condition.

For twenty-seven consecutive years, Lewis & Roberts has had one or more of our attorneys selected as a Best Lawyer®. This year, seven of our partners were honored by Best Lawyers® for inclusion in the 2022 edition of The Best Lawyers in America®.

By: Holly R. Stephens

If you have spent any time dealing with workers’ compensation cases in North Carolina, you might have heard the phrase “Average Weekly Wage.” Figuring out a claimant’s average weekly wage is crucially important in a workers’ compensation claim.

By: Brian R. Taylor

In most cases, an injured employee can recover benefits under the North Carolina Workers’ Compensation Act even when the injury occurred due to the employee’s own fault, but what about when the employee’s injury is caused by a blatant disregard of the employer’s established rules or direct orders?  This blog post will discuss potential defenses that may arise from employee misconduct.

By: Bryan L. Cantley

In our last blog post, we discussed the affirmative defense of intoxication under N.C. Gen. Stat. § 97-12. In this blog post, we will discuss the most effective way for proving intoxication—Motions to Preserve—and helpful practice tips for such Motions.

By: John H. Ruocchio

The North Carolina Worker’s Comp Act has very few outright defenses. However, one of the defenses to compensability is whether a claimant was under the influence of a controlled substance and/or alcohol at the time of the accident. This defense is codified in N.C. Gen. Stat. § 97-12.

By: Holly Stephens

“Can a claimant receive compensation under the Workers Compensation Act for scarring?” This question is one that arises frequently when dealing with workers’ compensation claims in North Carolina. And the answer…well, it depends.

By: Brian Taylor

It is a common occurrence for contracts to contain a provision requiring the parties to submit to binding arbitration in lieu of litigation through the court system. The enforceability of such a provision is often the subject of its own litigation.

By: Rita B. Dorry

Maintaining an active participation for the advancement of women in the legal profession, our female attorneys are leading the way with their dedicated service to the legal community.