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.

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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....

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"You showed so much concern for me as a person -- there is such a personal touch to everything you do."

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"We were nervous at first, but you put us at ease."

"John and Stephanie were patient with me. Great teamwork!"

"Being injured turned into a life-changing event, but it was comforting to know that you understood me and were only a phone call away."

"You guys are on top of your game."

"I researched law firms on the internet, and I could not have asked for a better attorney."

"Whenever I called I got answers."

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.

Although this case was not a "win" for us, it's important to note that an attorney is needed when you have a complicated case. We did get the employee the correct amount of weekly workers' comp he was due because of the injury to his wrist from the wooden pallet falling on it. But the change in the number of employees at the company (from 500 to 19 due to layoffs) was determined as the reason the employer didn't have a job for the client. It is important to determine if temporary disability pays more than unemployment and take the best route from there. The hearing did set the stage though for a significant settlement a few months later on. Why? Well in the course of showing that the lack of work for plaintiff was due to the bad economy and not his injury the defendants basically admitted that there was no other work available anywhere else. They basically boxed themselves in so when the plant completely closed we already had proof they would never find another job for our client.

Click to read the Industrial Commission decision. User name is "public" and there is no password.

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OTP - Greensboro
1155 Revolution Mill Drive,
Studio 4
Greensboro, NC 27405
Phone: 336-274-4494
Fax: 336-274-4525
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OTP - Winston-Salem
110 Oakwood Drive, Suite 420
Winston-Salem, NC 27103
Phone: 336-274-4494
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409 Alamance Road, Suite C
Burlington, NC 27215
Phone: 336-226-5925
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854 South Cox Street
Asheboro, NC 27203
Phone: 336-633-4496
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OTP - Raleigh
3700 Glenwood Avenue, Suite 350
Raleigh, NC 27612
Phone: 919-573-5241
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OTP - Fayetteville
4200 Morganton Road, Suite 200-11
Fayetteville, NC 28314
Phone: 910-764-3363
Fax: 910-764-3364
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OTP - Charlotte
550 S. Caldwell Street, Suite 1800,
Charlotte, NC 28202
Phone: 704-547-1617
Fax: 704-334-2213
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OTP - Hickory
101 Government Avenue SW
Hickory, NC 28601
Phone: 828-322-1271
Fax: 828-322-1643
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OTP - Wilmington
1213 Culbreth Drive,
Wilmington, NC 28405
Phone: 910-509-7274
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OTP - Greenville, NC
3800 East 10th Street
Suite 101
Greenville, NC 27858
Phone: 252-294-1109
Toll Free: 1-866-OTP- Law1

OTP - Rock Hill, SC
3014 South Cross Boulevard
Rock Hill, South Carolina 29730
Phone: 803-327-0078
Toll Free: 1-866-OTP-LAW1

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