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
In the past two years, there have been many interesting and impactful appellate decisions in North Carolina Workers’ Compensation law. Going into 2023, we wanted to flag the following...more
In North Carolina, it is well established that when an idiopathic condition is the sole cause of the injury, the injury does not arise out of the employment and is not compensable. An idiopathic condition is defined as “one...more
With more people working from home than ever before it can be difficult to determine how to handle workers’ compensation claims and OSHA regulations. OSHA provides guidance on how to handle questions regarding employees who...more
If a WC Claimant refuses medical treatment due to COVID-19 contamination fears, can benefits be cut off?
Under NC Law (NCGS 97-25(d)), Defendants cannot unilaterally suspend or terminate benefits if the claimant refuses...more
In Wilkes v. City of Greenville, __ S.E.2d __, (2017) the North Carolina Supreme agreed with the Court of Appeal’s determination that when compensability is admitted an injured worker is entitled to a presumption that future...more
The arrival of summer marks the end of another school year and the anticipation of beach vacations, backyard cookouts, and pool parties. This time of year also brings the annual company festival with the boss manning the BBQ...more