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The Mortality of Immunity

Are North Carolina Courts Chipping Away at Public Official Immunity? For years, police officers and other public officials in North Carolina have enjoyed the protections of public official immunity when charged or sued...more

Does an Employee Who Contracts COVID-19 at Work from a Co-Employee Have a Legal Remedy?

As more employers begin to open their doors and their employees return to work, unanticipated and unusual issues are likely to arise.  Due to the length of time people have been forced to live without their traditional...more

A Never Ending Story: Asbestos Exposure and Mesothelioma

Asbestos was widely used from the 1940s to the 1980s, but surprisingly, it seems claims of asbestos exposure and the development of asbestos related disease are not slowing down anytime soon.  Recently, the Wall Street...more

What’s fair and just is a must

The Plaintiff worked as a part-time nurse’s assistant, where she earned $8.00 per hour. She received a promotion in February of 2011, where she worked full time with a single patient and earned $10.00 per hour. On the first...more

Accidents can be Aggravating

Allocating fault when Plaintiff has pre-existing conditions and is involved in two accidents - Stippich v. Reese’s Transit, Inc. - In this case, Plaintiff sustained injuries to his back and neck when he was involved in...more

Money Talks

Determining the Proper Average Weekly Wage Calculations to Use - This claim arose from an occupational shoulder injury claim made by a violist in December of 2013. The claim was accepted and the only contested issue was...more

10/18/2017  /  Wage and Hour , Workplace Injury

When Just Showing Up is Enough: A Plaintiff’s Reasonable Effort to Find Employment

Snyder v. Goodyear - The Snyder decision is guided by Russell v. Lowe’s, 108 N.C. App. 762 (1993), which provides methods to establish a plaintiff is incapable of earning the same wages he had earned before his injury. ...more

Doctors Determine Parsons: Failure to Overcome the Parsons Presumption

Bell v. Goodyear - The Bell decision is guided by the Parsons presumption, (Parsons v. The Pantry, Inc., 485 S.E.2d 867 (1997)) which holds that when additional medical treatment for a compensable injury is required, a...more

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