Showing posts from December, 2017

Pulley v. City of Wilson, 674 SE 2d 478 Edelstein Payne workers compensation attorney job injury attorney Free Case reviews

Image Pulley v. City of Wilson, 674 SE 2d 478 MARTIN, Chief Judge.
Defendant-employer City of Wilson ("defendant") appeals from an Opinion and Award of the North Carolina Industrial Commission ("Commission") concluding that plaintiff Anthony Pulley ("plaintiff") suffered a specific traumatic incident arising out of and in the course of his employment which aggravated a preexisting condition and that plaintiff is entitled to compensation for temporary total disability. We affirm.
On 4 May 2005, plaintiff filed a claim for workers' compensation against defendant, alleging that injuries to his neck and back were caused by incidents which occurred at work on 29 April 2004 and 29 November 2004. After hearing evidence and reviewing depositions submitted by the parties, a Deputy Commissioner filed an Opinion and Award concluding that plaintiff had not suffered a compensable injury by specific traumatic incident on 29 April 2004 o…

Clemmons v. Securitas cervical Degenerative Disc Disease Raleigh Workers Compensation benefits lawyer Edelstein Payne job accident attorney back pain

Image 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 hands which …

Whitfield v. Laboratory Corporation of America (Originially published 6-17-2003) Raleigh Workers compensation lawyer Travis Payne Job injury attorney Steven Edelstein

Image 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 received becau…