News & Analysis as of

Workplace Injury Industrial Commissions

Bricker Graydon LLP

OSHA Isn’t the Only Sheriff in Town After a Workplace Injury

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Ohio employers have a duty to provide their employees with a workplace that is free from known dangers that could harm employees. Unfortunately, injuries can and do happen, even in safe workplaces....more

Cranfill Sumner LLP

Anchors Away! The Supreme Court Addresses Important Medical Causation Issues in Kluttz-Ellison v. Noah’s Playloft Preschool

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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

Kaufman & Canoles

North Carolina Industrial Commission Penalty Assessment Orders: Common Civil and Criminal FAQs

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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

Cranfill Sumner LLP

Industrial Commission Revises Rules on Reporting Claims

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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

Cranfill Sumner LLP

What’s fair and just is a must

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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

Cranfill Sumner LLP

“A Right to Privacy?”

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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

Cranfill Sumner LLP

Average Weekly Wage – Fair and Just?

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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

Roetzel & Andress

Ohio Supreme Court Rules Concurrent Benefit Awards Not Authorized by Law

Roetzel & Andress on

Yesterday, in a 5-2 opinion, the Ohio Supreme Court ruled that the Ohio Industrial Commission had abused its discretion when it awarded concurrent benefits to an injured worker (State ex rel. Ohio Presbyterian Retirement...more

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