Practice Areas

• Workers' Compensation
• Personal Injury
• Social Security Disability

Firm News

• When the injured worker returned to work he was immediately fired...
  
• Workers' Compensation: The IC ruled that the employer, who willingly paid the medical claim and workers comp for the employee's foot injury, must also pay for pain management because this injury aggravated the employee's pre-existing fibromyalgia and hypertension and was now considered a chronic condition. Although it is tough to win these claims we can usually do it if we the treating physician will agree that the pre-existing condition is worse now than it was and that this change is due to the worker's comp accident....
  
• Workers' Compensation: The Industrial Commission denied the employee's claim for temporary partial disability compensation. The Commission ruled that the reduction in wages that our client received was because of problems with the company's workload due to the economy. It was determined that he didn't receive less pay because of his injury or from the less-paying job within the company that he had to take because of the injury....
  
• Workers' Compensation: The NC Industrial Commission determined that the employer was required to pay our client's medical bills and also continue workers' compensation payments until our client could find a job with his limited physical capabilities. The employer was unable to find work for him at the company and he was fired, which was unacceptable, although it was explained by the employer as happening because of excessive absences....
  
• Workers' Compensation: The North Carolina Industrial Commission threatened to hold CNA in contempt of court because they refused to authorize the medical tests which would prove that the plaintiff was unable to do his job. This was a classic example of an adjuster getting an opinion from a reliable doctor and then refusing any other evaluation which could help the injured worker....
  
• Workers Compensation: The North Carolina Industrial Commission held that National Benefits Association had wrongfully denied this claim for more than a year...but only when the Industrial Commission finally heard all the evidence -- that the employer admitted that they knew the plaintiff was hurt, that they had sent him to a doctor but didn't follow his direction, and that there was no way our client could do his job with his severely-injured back....
  
• Workers' Compensation: North Carolina Industrial Commission says Liberty Mutual must provide yardcare and housecleaning to an injured brickmason....
  
• Workers' Compensation: North Carolina Industrial Commission rules that a restaurant dishwasher who slipped and fell, and was taken straight to an emergency room has proven that he was injured on the job....
  
• Workers' Compensation: North Carolina Industrial Commission finds that Diebold and Broadspire MUST pay weekly benefits even after they fired the injured worker from her "light duty" job....
  
• Workers' Compensation: North Carolina Industrial Commission rules against The Hartford Insurance Company and holds that a nurse who was still on her employer's property when she was hit by a car is within the course and scope of her employment and entitled to workers' compensation benefits....
  

view all

Library

Workers' Compensation

• Psssst! Who's that following you?
• NCIC Form 25T: Mileage Reimbursement form
• Form 28T: Notice of Termination of Compensation by Reason of Trial Return to Work
• Form 33R: Response to Request that Claim Be Assigned for Hearing
• 10 Things Your Insurance Adjuster Won't Tell You (download)

Personal Injury

• Police Report/ Accident Report Samples
• Auto Insurance Declaration Page
• Certificate of Employment
• What to Do in Case of an Auto Accident
• How Uninsured Motorist Insurance protects you in a personal injury claim.

Social Security Disability

• Healthcare Clinics in NC with free service
• Free Clinics in Forsyth County
• Form SSA 3381
• Form SSA 827
• Form SSA 561

General

• Common Legal Terms
• The Ten Worst Insurance Companies

view all

Testimonials

"I wanted expert legal advice and I certainly got it!"

"Oxner Thomas Permar has a well-known reputation for fighting fair and winning cases.  We were well-prepared by our attorney, and we were given thorough guidance and options."

"I think of everyone involved on my case at OTP as friends.  You all always had a warm greeting  and a smile for me and you took a big interest in my case."

"Without my attorney's help, I would have been hung out to dry.  He looked out for me!"

"I could not be more pleased with the outcome of my case!  Amy Berry and Amy Gallimore are great communicators.  They are super friendly and professional."

"Everyone on the team was really personable and professional."

"Count me as 100% satisfied.  Kristin Packard is superb and Shelby Duncan is outstanding."

"The quick response and action by Justin Wraight when my case came to a critical point was impressive."

"I didn't have to deal with a bunch of legal jargon.  You explained it all to me so I could understand what was going on, and I appreciate that."

"Everybody was totally straight forward with me.  I didn't feel like I was just paperwork to them."

more

Attorneys:

	Thomas M. Clare Oxner Thomas + Permar 3700 Glenwood Avenue, Suite 350 Raleigh, North Carolina 27612 Phone: (919) 473-5241 4200 Morganton Road, Suite 200-11 Fayetteville, North Carolina 28314 Phone: (910) 764-3363 1213 Culbreth Drive, Wilmington, North Carolina 28405 Phone: (910) 509-7274 Email: tclare@otplaw.com

Tom was born in New York City, raised in Connecticut and moved to North Carolina in 1972 to attend East Carolina University. Tom graduated from ECU with honors in 1975 and worked at Caswell Center in Kinston prior to attending the University of North Carolina School of Law from which he received a Juris Doctor degree in 1982. Tom practiced as an insurance defense attorney, primarily representing employers in workers’ compensation cases, for over twenty years before joining Oxner Thomas + Permar as the resident partner in the newly opened Raleigh office in January 2008. Tom has tried hundreds of cases before the North Carolina Industrial Commission and has also appeared before the North Carolina Court of Appeals, the North Carolina Supreme Court and the United States Court of Appeals for the Fourth Circuit. Tom has received a peer review rating of AV from Martindale-Hubbell and is a Board Certified Workers’ Compensation Specialist. He is a member of the North Carolina Advocates for Justice and the NC Academy of Superior Court Mediators.  He has been named as one of the top attorneys in our state by NC Super Lawyers magazine.  Tom is married to Jacqueline Riley Clare and has two sons, Patrick and Dain.