Edelstein Payne North Carolina Workers Compensation Injured Worker Tips

www.edelsteinpayne.com Clemmons v. Securitas, 645 S.E.2d 229 (2007) Workers' Compensation  Case recognizing that a spinal column injury and problem experienced by a security guard at a nuclear plant was caused by the carrying of substantial additional equipment about his upper body, and that those problems constituted an occupational disease. Plaintiff was employed by Securitas, Inc. as a lieutenant guard at the Brunswick Nuclear Plant. Plaintiff worked twelve-hour shifts, working three straight days with three days off. However, during 2002 and 2003, because of a shortage of staff, plaintiff worked extra shifts, often working six twelve-hour shifts in a row. Following the terrorist attacks of 11 September 2001, the equipment security guards at the nuclear power plant had to carry increased significantly, weighing a total of forty pounds. This equipment was worn at almost all times plaintiff was at work. In 2003, plaintiff began experiencing tingling in his

www.edelsteinpayne.com Whitfield v. Laboratory Corporation of America, 581 S.E.2d 778 (June 17, 2003) Laboratory Corporation of America (employer) and Hartford-ITT Specialty Risk Services (collectively defendants) appeal from an opinion and award of the North Carolina Industrial Commission (the Commission) entered 18 January 2002 granting Angela Whitfield (plaintiff) additional disability benefits, along with past and future medical expenses for injuries plaintiff sustained in a slip and fall accident in her employment with Laboratory Corporation of America. Plaintiff filed a cross-appeal dated 20 February 2002 as to the Commission's denial of her request for attorney's fees for defendants' failure to provide plaintiff reasonable and necessary medical treatment. A deputy commissioner entered an opinion and award on 31 July 2000 concluding that plaintiff was (1) not entitled to any further temporary total disability compensation beyond what she had receiv