Edelstein Payne North Carolina Workers Compensation Injured Worker Tips

www.edelsteinpayne.com 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 Apr...

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 English v. General Electric 496 U.S. 72 (1990) Nuclear whistleblower case Attorney Payne successfully argued to the Supreme Court of the United States, obtaining a unanimous decision reversing lower courts' dismissal of the claim. This case made it possible for whistleblowers covered by federal whistleblower protections to seek compensation beyond what is allowed under federal laws. Travis Payne Travis Payne represents employees, unions, and injured workers in Workers' Comp cases. He was lead counsel in ground breaking cases establishing or clarifying North Carolina law, and has argued before the United States Supreme Court.  --  If you, a co-worker, friend, neighbor, family member, or a loved one was injured on the job, please know we're here to help.  We provide complimentary workers' compensation case evaluations for job injury workplace accidents any where in the state of North Carolin...

https://edelsteinpayne.com              THE BASICS OF  WORKERS’ COMPENSATION LAW AND PROCEDURES Originally posted by M. Travis Payne July 9, 2014 I.  TYPES OF CLAIMS: There are two kinds of claims, occupational injuries and occupational             diseases.  There are special requirements for each. A.                 Occupational injuries                         1.  The injury must arise out of work. 2.  For all parts of the body except for the spine (back or neck) or hernias, the injury must be the result of an ACCIDENT .  If the injury occurs as a result of just doing your normal routine work activity, then it is not covered . a)  Just about anyth...