Case Results

Vance v. The Laurels – (2021)

130 N.C. App 220 (1998)
Court of Appeals reversed the Industrial Commission and held lifting excessively heavy patient was not part of a physical therapist regular job duties and affirmed award of compensation.

Blackwell V. NC Dept Of Public Instruction

Blackwell v. NC Dept of Public Instruction: Court of Appeals reversed the Industrial Commission and ruled for the first time in North Carolina history that a permanently and totally disabled claimant can request payment of their lifetime weekly benefit in a lump sum rather than being paid out over her 35 year life expectancy.

Holiday v. Tropical Fruit & Nut (2014)

Court of Appeals held injury playing laser tag during mandatory staff retreat was compensable claim.

Cawthorn v. Mission Hospital – 211 N.C. App. 42 (2011)

N.C. Court of Appeals affirmed an award of benefits in excess of $100,000 for a 20-year nurse plus sanctions of $30,000 against the hospital. The Court held Mission had unreasonably denied and defended the claim, and it unreasonably refused to accept the opinion of its own medical staff. Case was subsequently settled and was the subject of a National Public Radio story in 2015 by Daniel Zwerdling regarding hospital workers compensation abuses.

D’Aquisto v. Mission St. Joseph Health System

360 N.C. 567 (2006)

North Carolina Supreme Court affirmed an award of $134,000 benefits plus ongoing medical care for a hospital employee who was sexually assaulted at work by a temporary worker.

Smythe v. Waffle House (2006)

Court of Appeals upheld setting aside final settlement agreement for injured worker when the Commission had not undertaken a thorough investigation where the employee required knee surgery which had not been disclosed prior to approval.

Smythe v. Waffle House (2007)

Court of Appeals affirmed award of compensation on remand and denied Defendants’ argument they should be permitted to remedy a defective settlement which had been set aside.

Calloway v Mission Health (2000)

Court of Appeals affirmed award of compensation due to psychiatric consequences of a compensable injury.

Cooke v. P.H. Glatfelter

130 N.C. App 220 (1998)

N. C. Court of Appeals affirmed an award of benefits for injured mother of three children after she sustained a severe electric shock resulting in significant loss of function of her right arm.

Ball v. Bayada Healthcare (2018)

Court of Appeals reversed the Industrial Commission and established the precedent that use of Method 5 pursuant to N.C.G.S 97-2(5) was appropriate for an employee’s who had received significant raise prior to injury and should have her benefits based on increased future income.

McCreary v. King Bio (2012)

Court of Appeals affirmed award and held medical records were sufficient to establish medical causation.

Purcell v. Friday Staffing (2012)

Court of Appeals held the employee’s failure to reveal her prior work restriction was fraud and precluded award of benefits, which also established precedent that work restrictions must be reported to prospective employers in vocational placement.

Lowery v C&J Transportation (1999)

Court of Appeals ruled reduction in earning capacity of the injured employee qualified as a change of condition pursuant to N.C.G.S. 97-47.

Ross v. Ridgecrest (2005)

Court of Appeals affirmed settlement of $750,000 for brain injured employee and her husband who had been awarded payment for attendant care services.

Allman v. Union Butterfield

$8,900,000 recovery for plaintiff’s killed or injured in workplace shooting. (Largest jury verdict in Buncombe County history)

TW v Confidential

$1,500,000 recovered for mother who’s son was killed in truck accident

Sept 2021 – $740,000 – Dillard v. Hall:

Wrongful death and civil right claims settled for sons of women who committed suicide while in custody of Jackson County detention center due to lack of proper supervision and failure to provide necessary medica/psychological care.

Darren B v. Premier Staffing (2004)

represented wife and two sons of employee shot and killed by temporary employee recently released from prison. Recovered over $1,000,000 from the employer and temporary agency prior to trial.

CB v. NC DPI

$ 4,700,000 – Industrial Commission awarded over $20 per hour for 24-hour per day attendant care awarded to family of client who sustained traumatic brain injury.

F B v. Cornerstone Builders

$1,000,000 settlement for client who suffered severe traumatic brain injury and successfully litigating payment of the 24 hour per day attendant care services provided by his wife.

N G v First Union

$1,000,000 settlement after successful litigation of nursing home care and attendant care services.

MM v. General Electric

$850,000 settlement for client with complex regional pain syndrome after successful litigating award of attendant care services provided by husband.

B R v. Ridgecrest

$750,000 settlement for client with traumatic brain injury after success litigation to have husband awarded attendant care services.

Tim C. v. Haywood County (2006)

represented county employee and his wife after severe leg injury, which resulted in leg amputation below the knee. Settled for $650,000, including payment for the wife for future funds to provide in-home care for her husband.