Workers’ Compensation Cases

1. Workers' Compensation — settlement agreement — failure to include required biographical and vocational information The Industrial Commission erred in a workers' compensation case by failing to set aside a compromise settlement agreement based on a failure to comply with Industrial Commission…

Workers' Compensation — denial of claim — abuse of discretion — stubborn unfounded litigiousness The Industrial Commission abused its discretion in a workers' compensation case by finding that the denial of plaintiff employee's claim was justified, because even though part was indeed based on…

1. Workers' Compensation — lifting restrictions — accommodations Although there was conflicting evidence in a workers' compensation case about defendant's accommodation of plaintiff's lifting restrictions, there was competent evidence to support the Industrial Commission's finding that the…

1. Workers' Compensation — claim by deputy — authority to extinguish county's lien — sovereign immunity There is specific statutory authority in the Workers' Compensation Act authorizing a deputy sheriff who received both workers' compensation insurance and a third-party settlement to seek a…

1. Workers' Compensation — timeliness of claim — last medical payment — foreign jurisdiction A workers' compensation claim was timely filed because it was within two years of the last medical compensation paid by defendants, even though the payment was to medical providers in Virginia. Nothing in…

1. Workers' Compensation — sale of business — continuing jurisdiction of Industrial Commission An employer who had sold its paper mill and workers' compensation liabilities after an employee's work-related accident continued to be subject to the jurisdiction of the Industrial Commission with regard…

1. Workers' Compensation — Seagraves test — injured employee's right to continuing benefits — termination for misconduct Our Supreme Court adopts the Seagraves , 123 N.C. App. 228 (2003), test for determining an injured employee's right to continuing workers' compensation benefits after being…