Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina. She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace...more
Since approximately 2014, the North Carolina Industrial Commission has doggedly pursued businesses without workers’ compensation insurance in violation of NCGS § 97-94. Through software automation, the Industrial Commission...more
As employers shift gears from COVID-19-related closures and workforce reductions to reopening and returning employees to work, the focus of attention increasingly is centered on worker health and safety issues. Two recently...more
3/16/2020 Update - 5:30 p.m.: Industrial Commission hearings will now be limited to phone hearings. Hearing Officers will call all parties by conference call....more
The Ohio Industrial Commission has suspended all hearings scheduled for Monday and Tuesday (March 16 and 17). The IC is still working on the logistical issues involved with this, however, they have indicated that they will be...more
The North Carolina Industrial Commission announced several rule changes. The most impactful change is related to when a First Report of Injury by a Form 19 is required. Commission is accepting public comment for this and...more
Returning to work after the holiday season may have left many of you wondering if you missed anything important while you were in a cookie-induced holiday slumber. Here is a short summary of some key items that happened...more
The rise in gig economy workers in recent years has led to a steep increase in workers classified as independent contractors. Some employers, especially those concentrated in app-based spaces like ride-sharing, dog-walking...more
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
If you are working for an Arizona employer and feel that you have not been paid all of the wages you are owed, there are several things you need to know. ...more
After taking office, Governor Cooper filed a lawsuit against the NC General Assembly and Chairman Allen and Commissioner Stith of the NC Industrial Commission challenging on constitutional grounds to changes to NCIC...more
What privacy rights is a Plaintiff afforded for the medical information related to a workers’ compensation claim? Mastanduno v. Nat’l Freight Industries - The opinion arose from an interlocutory appeal by the plaintiff...more
Opinion and Awards to be E-mailed – The Industrial Commission announced that beginning on January 2, 2018 workers’ compensation Opinions and Awards will be served via email. The change affects all parties that are represented...more
Starting December 31, 2017, the North Carolina Industrial Commission will have a permanent Employee Classification Section responsible for taking complaints about and facilitating the sharing of information among state and...more
Meredith Henderson, the North Carolina Industrial Commission’s Executive Secretary, has announced that beginning Monday, September 18, 2017, the Commission will no longer accept Motions or Motion Responses filed by adjusters....more
The Ball v. Bayada Home Health Center, __ N.C. App. ___, (2017), decision is a good reminder that N.C.G.S. § 97-2(5) provides five different methods to calculate average weekly wage, depending on the facts and circumstances...more
The Industrial Commission of Arizona (“ICA”) has issued a Notice of Supplemental Proposed Rulemaking ("Notice") for Proposition 206, otherwise known as the Fair Wages and Healthy Families Act (the “Act”). The Act, requiring...more
On June 30, 2017—the day before Arizona’s new paid sick leave law went into effect——the Industrial Commission of Arizona (ICA) issued 18 pages of new frequently asked questions (FAQs). Some of the FAQs merely restate the...more
On June 27, 2017, the Industrial Commission of Arizona (ICA) issued supplemental draft regulations. The supplemental regulations tweak some of the draft regulations the ICA issued on May 5, 2017. Some supplemental regulations...more
As Arizona employers prepare for the imminent July 1 effective date of Arizona’s first mandatory paid sick time law (The Fair Wages and Healthy Families Act (the “Act”)), one of the questions that we get most frequently is,...more
On May 23, 2017, the Arizona Industrial Commission issued a new FAQ concerning Arizona’s new paid sick time law (the Fair Wages and Healthy Families Act). The new FAQ attempts to address many of the issues that were not...more
Arizona’s new paid sick leave law—Proposition 206 or The Fair Wages and Healthy Families Act—will go into effect on July 1, 2017. While we previously explained key components of the law, the Act left many important questions...more
The Industrial Commission of Arizona issued new guidance clarifying how it intends to enforce many provisions of Proposition 206, otherwise known as the Fair Wages and Healthy Families Act. As stated in our prior Legal Alert,...more
Proposition 206, the minimum wage and paid sick time referendum that decisively passed in last month’s election with over 58 percent of votes cast, may never become effective if a newly filed lawsuit proves successful. In the...more
Yesterday, the Industrial Commission of Arizona released informal guidance in the form of “Frequently Asked Questions,” which provides additional information to assist with understanding Proposition 206 in Arizona (the Fair...more