Broken backs, occupational cancer, traumatic brain injuries…it’s no secret that catastrophic workers’ compensation injuries in North Carolina cause devastating physical pain, disability, and even death to affected workers. But what about the children of those injured workers? As the families of injured workers in North Carolina know…
When Is an Employee’s Work-Related Injury Caused by an Accident or Repetitive Stress Related to the Job?
In Bolita v. West Omaha Winsupply Company, No. A-17-636, (Neb. Ct. App. March 20, 2018), the Nebraska Court of Appeals examined the employer’s appeal to a workman’s compensation award of total disability benefits. Jeffrey Bolita (“Bolita”) filed a petition on December 22, 2016, alleging he…
Across America, the risk of serious occupational injury or death continues to fall due to increased attention to safety training and procedures. Nevertheless, some fields continue to see comparatively high rates. Know the risks and be careful out there!
Does a Delay in Recognizing a Causal Connection Allow a Delay in the Tolling of a Statute of Limitations in a Negligence Case?
In Boettcher v. Conoco-Phillips Co., No. No. 17-6115 (W.D. Okla., 2018), the United States Court of Appeals for the Tenth Circuit answers that question. Plaintiffs Thomas Boettcher and Pamelia Vennerberg (“Boettchers”) allege Boettcher’s cancer was caused by exposure to emissions from Defendant’s refinery in Ponca…
In a Negligence Case, Should the Court Presume a Defendant Was at Fault Unless He Proves Otherwise or Must Negligence Be Proved by the Asserting Plaintiff?
In Bedford v. Doe, No. 10-4558, (8th Cir. Dec. 12, 2017), the United States Court of Appeals for the Eighth Circuit undertook this issue. Raeburn Bedford (“Bedford”) was a truck driver who was injured after he opened the door to a trailer he was hauling…
In the case of Carmody v. Mikesell, No. 16-cv-02603-PAB-NYW, (D. Col., 2017) the Colorado District Court tackles this question. This case arises from a back injury sustained by Cathleen Carmody (“Carmody”) while detained at the Teller County Detention Center. Carmody alleges in 1999, she sustained…
The Nebraska Court of Appeals handled that question in Hamilton v. United Parcel Service, No. A-17-102 (Neb. App. 2017). Robert Hamilton (“Hamilton”) filed an action in the Nebraska Workers’ Compensation Court claiming his dementia was due to repeated exposure to carbon monoxide while working as…
When the Court is Faced with Conflicting Opinions from Competent Medical Experts, Which Opinion Should Be Given More Weight?
In Hintz v. Farmers Co-op Ass’n., (297 Neb. 903) the Nebraska Supreme Court faced this question. In this case, Ian Hintz (“Hintz”) was working at Farmers Cooperative Association (“Farmers”) as a tire technician and was repairing a tire on a semitrailer when the tire exploded.…
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