No specific laws identified for this ruling.
The North Carolina Supreme Court affirmed the Court of Appeals decision, which had affirmed in part and reversed and remanded in part the Industrial Commission's award. The Supreme Court dismissed plaintiff's petition for discretionary review and the defendant's conditional petition as improvidently allowed.
Whether the Court of Appeals employed the proper standard of review whether plaintiff established disability whether plaintiff was capable of suitable employment.
This summary was generated to explain the ruling in plain English and is not legal advice.
workers compensation disability and suitability of substitute employment makework
workers compensation disability and suitability of substitute employment makework
Whether a unilateral amendment made pursuant to a change-of-terms provision violates the implied covenant of good faith and fair dealing and renders a contract illusory.
Whether the Industrial Commission's calculation of the plaintiff's average weekly wages pursuant to N.C.G.S. 97-2(5) and its determination concerning whether that calculation produces results that are fair and just to both parties involve an issue of law or an issue of fact.
Whether State employees are entitled to sovereign immunity against claims of negligence, gross negligence, and wrongful death brought against them in their individual capacities, and whether complaint stated cause of action.
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