By: Melissa P. Woodard

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On December 13, 2024, The Supreme Court of North Carolina published a decision modifying and affirming the Court of Appeals’ opinion in the matter of Sturdivant v. NC Dept. of Public Safety. Melissa Woodard offers insight on the latest development in this week’s blog.

By: Melissa P. Woodard

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Planning Holiday Activities with Your Employees? – What You Need to Know About Injuries During Company Outings

By: John H. Ruocchio

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Does the coming and going rule apply to home health aids? John Ruocchio offers insight on this topic in this week's blog.

Nine of our attorneys were honored by Best Lawyers® for inclusion in the 2025 edition of The Best Lawyers in America®.

By: Paul McCoy & Ashton Harrell

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No Form 18 Filed = No Claim

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What are the statutory obligations of an employer & carrier when initiating disability compensation? Attorneys Paul McCoy and Ashton Harrell offer insight and practice tips in this week's blog.

A common practice for an employer is to terminate an injured worker for their refusal of suitable employment, while simultaneously suspending benefits. This week’s blog explains why these actions can lead to undue hardships for the employer.

Can a staffing agency’s placement of a pre-MMI plaintiff at a light duty job be considered “with the employer of injury”? Attorney Melissa Woodard provides details on this emerging issue.

For thirty consecutive years, Lewis & Roberts has had one or more of our attorneys selected as a Best Lawyer®. This year, nine of our attorneys were honored by Best Lawyers® for inclusion in the 2024 edition of The Best Lawyers in America®.

On April 18, 2023, the North Carolina Court of Appeals re-filed an opinion in Sturdivant v. NC Dept. of Public Safety. The Court amended a prior misstatement regarding the members of the three-judge panel that heard and decided the case, added a dissent from Judge Hampson, which was not included in the prior decision, and amended the opinion in some notable regards.

On March 21, 2023, the North Carolina Court of Appeals filed an opinion in Sturdivant v. NC Dept. of Public Safety wherein the Court interpreted when a plaintiff may be entitled to extended benefits under N.C. Gen. Stat. § 97-29(c). On Friday, March 31, 2023, the Court ordered the Clerk not to certify the opinion and withdrew the March 21, 2023 Sturdivant decision.

As the issue of extended benefits is hotly contested, heavily debated, and financially significant for both plaintiffs and defendants, the first cases regarding the 500 week indemnity entitlement cap are making their way through the litigation and appeals process. Let’s take a look.

For eighteen consecutive years, Lewis & Roberts has had one or more of its lawyers selected as a Super Lawyer®. This year, seven of our partners were honored by Super Lawyers Magazine for inclusion in the 2023 issue for North Carolina. Super Lawyers® selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

John Ruocchio Named Best Lawyers® “Lawyer of the Year” in the Raleigh Area

For twenty-eight consecutive years, Lewis & Roberts has had one or more of our attorneys selected as a Best Lawyer®. This year, eight of our attorneys were honored by Best Lawyers® for inclusion in the 2023 edition of The Best Lawyers in America®.

By: Jeffrey A. Misenheimer and Melissa P. Woodard

This is the third and final part in our three-part series on occupational diseases in North Carolina. In this post, we will discuss the issues surrounding overuse and short-term exposure occupational diseases. As noted in our prior posts, Part I and Part II, there are two categories of occupational diseases: enumerated and unenumerated. Most short-term exposure claims fall into the catch-all provision under N.C. Gen. Stat § 97-53(13).

By: Jeffrey A. Misenheimer and Melissa P. Woodard

Welcome to Part II of our three-part series on occupational diseases in North Carolina. In this post, we will discuss the issues surrounding long-term exposure occupational diseases. As noted in our prior post, (INSERT LINK HERE), there are two categories of occupational diseases: enumerated and unenumerated. Some long-term exposure cases are specifically enumerated like asbestosis and silicosis, while others, like cancer, are not specifically enumerated.

By: Jeffrey A. Misenheimer and Melissa P. Woodard

Welcome to Part I of our three-part series on occupational diseases in North Carolina. In this post, we will provide an overview of the statute regarding occupational diseases and discuss the differences between conditions that are specifically named, or enumerated, in the statute and those that are not specifically listed, or unenumerated.

By: Brian R. Taylor

In North Carolina, a bystander to a third-party’s injury which was caused by the negligent act of another may recover under a theory of negligent infliction of emotional distress (“NIED”). These claims in which the plaintiff is concerned for the welfare of another are often referred to as “bystander claims.”

By: Melissa P. Woodard

Spring has sprung and warm weather is upon us here in North Carolina.  With the biggest waves of the pandemic hopefully behind us, many employers are planning to celebrate with their employees by hosting outdoor events in the coming months.  What legal implications might this have from a workers’ compensation perspective?  Let’s explore.

By: Mallory E. Lidaka

The main goal in defending any workers’ compensation claim is to limit defendant’s exposure as a result of the on-the-job injury. One way to keep the costs of a claim to a minimum is to return an employee to work as soon as possible. Let’s explore the options carriers have for returning claimants to work both before and after their medical treatment has concluded.