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Visit to Goodyear Clinic Extends Life of Workers’ Comp Claim, North Carolina Court Finds

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Visit to Goodyear Clinic Extends Life of Workers’ Comp Claim, North Carolina Court Finds


If insurers and employers wish to deny a employees’ compensation declare as a result of it was filed too late, they shouldn’t inadvertently pay a latent medical invoice, which extends the clock below the quirks of North Carolina’s comp statutes.

And the Industrial Fee’s discovering concerning the statute of limitations on claims is, the truth is, reviewable by an appeals court docket.

These have been the take-aways from a North Carolina Supreme Courtroom’s determination handed down late final week. In Doris Cunningham vs. Goodyear Tire and Rubber Co. and Liberty Mutual Insurance coverage Co., the excessive court docket upheld the state appeals court docket, which had overruled the Industrial Fee in 2020.

The Could 6 determination was written by Justice Robin Hudson, one of many few justices in any state who was a employees’ compensation lawyer earlier than shifting to the bench. This can be one of many final comp-case opinions for Hudson, who’s age-limited by North Carolina statute from searching for one other time period, defined the claimant’s appeals legal professional, Jay Gervasi of Greensboro.

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Hudson

“She’s a very good justice. I hate to see her go,” Gervasi mentioned.

The Cunningham case started nearly a decade in the past. Doris Cunningham had been working on the Goodyear plant in North Carolina since 1999. The bodily demanding job required her to stroll as a lot as eight miles a day and regularly carry tires and place them right into a machine to be heated and molded. Her quota was 1,400 tires in a 12-hour shift, the court docket defined.

She injured her again twice in 2011. Then in 2014, she tried to carry a tire off a truck however it was caught. She once more injured her again, a lot in order that she mentioned she couldn’t transfer when she woke up the subsequent morning. She filed an accident report, was positioned on mild obligation for six weeks, then returned to her common job and didn’t miss a day of labor, the justices wrote within the opinion.

Cunningham by no means acquired indemnity funds, solely medical advantages for the again ache.

The Goodyear plant is uncommon in that it has a medical clinic and physician on web site and frequently treats injured employees. For months after the again damage, Cunningham was handled on the plant clinic and by a bodily therapist on contract with the producer.

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In 2015 she reported continued ache however she saved working. Two years later, Cunningham mentioned the ache had moved into her foot. In April 2017, a nurse on the Goodyear plant clinic handled the employee however instructed her that her file had been closed as a result of she had reached the statute of limitation on the declare, and no additional therapy was to be offered. Cunningham then reported that just some days earlier than, she had once more harm her again making an attempt to carry a caught tire, the court docket defined.

Two months later, and once more in 2019, a neurosurgeon discovered degeneration in two discs in her backbone, which he mentioned have been most likely exacerbated by the 2017 incident. Cunningham then filed one other declare, however the employer and Liberty Mutual denied it, arguing that the declare was time-barred as a result of it was not filed inside two years of the 2014 damage.

The Industrial Fee agreed with the insurer that Cunningham’s declare got here too late after the 2014 incident and that her 2017 declare was not supported by proof.

Cunningham appealed to the state Courtroom of Appeals, which reversed the fee’s findings. The appellate judges discovered that the 2017 damage and go to to the clinic was certainly associated to the earlier again damage and was not time-barred. However as a result of the choice included a dissent by one of many judges, the defendant service had a proper to attraction to the Supreme Courtroom.

Liberty Mutual and Goodyear, represented by legal professional Angela Craddock, argued that the Industrial Fee was the finder of reality, had reviewed the proof, and its determination shouldn’t be disturbed.

“In a query of first impression for this Courtroom, defendants argue the usual of evaluation on attraction for fee findings on compliance with the statute’s well timed submitting requirement is a reliable proof commonplace of evaluation, reasonably than de novo evaluation,” the Supreme Courtroom mentioned. “We disagree.”

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The query of whether or not the declare was barred by the two-year statute of limitations is a jurisdictional matter that’s, the truth is, topic to de novo evaluation on attraction, the court docket discovered.

Gervasi, the claimant’s appellate legal professional, defined that though the employer/service didn’t pay indemnity advantages, it had continued to deal with Cunningham via the years, typically on the in-house clinic on the plant. In 2017, the insurer could not have meant to do this, particularly because it already knowledgeable the nurse that the declare had expired.

That go to to the plant clinic saved the declare alive per the comp statute, though the damage had occurred greater than two years earlier, he mentioned.

“The take dwelling for insurance coverage firms is to concentrate to medical payments, but additionally don’t fear an excessive amount of about this explicit case as a result of it might not have a lot software to different claims,” Gervasi mentioned.

The case now goes again to the Industrial Fee.

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“We conclude findings by the Fee concerning the timely-filing requirement below N.C.G.S. § 97-24 are topic to de novo evaluation,” Justice Hudson wrote. “And the Courtroom of Appeals correctly held the Fee erred find that plaintiffs’ final medical therapy for her 27 Could 2014 damage was in 2015, not 2017. Accordingly, we affirm the choice of the Courtroom of Appeals, and remand for additional remand to the Fee for consideration of the deserves of plaintiff’s 27 Could 2014 damage declare.”

The choice included a dissenting opinion by Chief Justice Paul Newby and Affiliate Justice Tamara Barringer.



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North Carolina

Amid torrential rains and flooding, 21 North Carolina river sites fail fecal bacteria testing this week

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Amid torrential rains and flooding, 21 North Carolina river sites fail fecal bacteria testing this week


RALEIGH, N.C. (WNCN) — A group says more than 20 North Carolina river sites failed testing for fecal bacteria this week after several days of torrential rains and nearly a foot of rainfall in some spots.

Leading up to Friday, there were several days of flood warnings and nearly a foot of rain fell in some North Carolina areas — such as Sampson County with 11 inches. Other spots — such as Durham County — received more than 9 inches of rain.

Sound Rivers, a group that monitors more than 50 recreational sites along North Carolina rivers, says that heavy rain can lead to more pollution in rivers.

“Swim Guide results are in, and they definitely reflect the impact all this rain is having on our waterways,” the Sound Rivers group said on Friday.

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Full rainfall totals for Central NC for a week ending Friday

Some flood warnings continued this weekend with one still active Saturday along the Tar River at Tarboro in Edgecombe County.

“Remember, more stormwater runoff means more nasty stuff gets washed into the water,” Sound Rivers wrote Friday after 21 North Carolina river sites failed their weekly testing.

In the previous Swim Guide report, just six sites failed.

In the Raleigh area, three sites along the Neuse River failed the week ending July 26, according to Sound Rivers.

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Just east of Raleigh in Wake County, these canoe launch sites met water quality standards less than 60 percent of the time: Buffaloe Road, Milburnie Park and Poole Road.

Elevated levels of fecal bacteria in the water can bring an increased risk of gastrointestinal illness and skin infections for pets and humans, Sound Rivers says.

East of the Wake County area along the Neuse River, these seven sites also failed water quality testing:

  • Maple Cypress boat ramp in Grifton

  • Glenburnie Park

  • Town of Bridgton Park

  • Upper Broad Creek at Black Beard Sailing Club

  • Lawson Creek Park in the New Bern area

  • Slocum Creek boating access in Havelock

  • Pierce Creek at the Sea Harbor Yacht Club in Oriental

Closer to the North Carolina coast, 11 sites failed the testing along the Tar and Pamlico rivers:

  • Sunset Park on the Tar River in Rocky Mount

  • Tar River Reservoir in Rocky Mount

  • River Road boat ramp on the Tar River in Tarboro

  • Town Common on the Tar River in Greenville

  • Wildwood Park on the Tar River in Greenville

  • Port Terminal on the Tar River in Greenville

  • Yankee Hall Road boat ramp on the Tar River at Pactolus

  • Mason’s Landing on the Pamlico River in Washington

  • Havens Gardens on the Pamlico River in Washington

  • Dinah’s Landing just off the Pamlico River at Goose Creek State Park

  • Cotton Patch Landing on Blounts Creek just off the Pamlico River

Sound Rivers issues a report on various recreational areas of rivers in North Carolina after testing dozens of recreational sites each week throughout the summer.

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The testing by the group includes enterococci bacteria in salt water.

Copyright 2024 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

For the latest news, weather, sports, and streaming video, head to CBS17.com.



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24-year-old Chicago man killed in head-on crash in North Carolina, police say

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24-year-old Chicago man killed in head-on crash in North Carolina, police say


FAYETTEVILLE, N.C. — A man from Chicago is dead and another person was injured after a head-on crash Saturday in North Carolina.

According to police in Fayetteville, North Carolina, a 2005 Dodge Durango driven by 35-year-old man from Fayetteville was making a left turn at a green light when it was hit head-on by a 2022 Honda Accord driven by 24-year-old Zayshawn L. Robinson of Chicago, Illinois.

A preliminary investigation found that Robinson was speeding and failed to stop at a red light, which resulted in the crash.

Robinson was pronounced dead at the scene.

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The 35-year-old man was taken to a local hospital for what police described as non-life-threatening injuries.

Anyone with information on this crash is asked to contact the Fayetteville Police Department in North Carolina.

No further information was immediately available.

Copyright © 2024 WTVD-TV. All Rights Reserved.



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Judge strikes down North Carolina abortion restriction, but upholds another

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Judge strikes down North Carolina abortion restriction, but upholds another


RALEIGH, N.C. — A federal judge ruled Friday that a provision in North Carolina’s abortion laws requiring doctors to document the location of a pregnancy before prescribing abortion pills should be blocked permanently, affirming that it was too vague to be enforced reasonably.

The implementation of that requirement was already halted last year by U.S. District Judge Catherine Eagles until a lawsuit challenging portions of the abortion law enacted by the Republican-dominated General Assembly in 2023 was litigated further. Eagles now says a permanent injunction would be issued at some point.

But Eagles on Friday restored enforcement of another provision that she had previously blocked that required abortions after 12 weeks of pregnancy to be performed in hospitals. In light of the 2022 U.S. Supreme Court decision that overturned Roe v. Wade, she wrote, the lawmakers “need only offer rational speculation for its legislative decisions regulating abortion.”

In this case, legislators contended the hospital requirement would protect maternal health by reducing risks to some women who could experience major complications after 12 weeks, Eagles said. Planned Parenthood South Atlantic and a physician who initially sued offered “credible and largely uncontroverted medical and scientific evidence” that the hospital requirement “will unnecessarily make such abortions more dangerous for many women and more expensive,” Eagles added.

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SEE ALSO | Some North Carolina abortion pill restrictions are unlawful, federal judge rules

But “the plaintiffs have not negated every conceivable basis the General Assembly may have had for enacting the hospitalization requirement,” Eagles, who was nominated to the bench by President Barack Obama, wrote in vacating a preliminary injunction on the hospital requirement.

Unlike challenges in other states like South Carolina and Florida that sought to fully strike down abortion laws, Eagles’ decisions still mean most of North Carolina’s abortion laws updated since the end of Roe v. Wade are in place. GOP state lawmakers overrode Democratic Gov. Roy Cooper’s veto and enacted the law in May 2023. It narrowed abortion access significantly from the previous state ban on most abortions from after 20 weeks to now after 12 weeks. The hospital requirement would apply to exceptions to the ban after 12 weeks, such as in cases of rape or incest or “life-limiting” fetal anomalies.

Eagles on Friday affirmed blocking the clause in the abortion law requiring physicians to document the “intrauterine location of a pregnancy” before distributing medication for abortion.

SEE ALSO | Supreme Court unanimously strikes down legal challenge to abortion pill mifepristone

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Lawyers representing House Speaker Tim Moore and Senate leader Phil Berger defending the law argued the documentation protected the health of women with ectopic pregnancies, which can be dangerous and when ruptured may be similar to the expected symptoms of a medication abortion, according to the opinion.

But Eagles wrote the medication in a medication abortion doesn’t exacerbate the risks of complications from an ectopic pregnancy. And she remained convinced that the law is unconstitutionally vague and subjects abortion providers to claims that they broke the law – and possible penalties – if they can’t locate an embryo through an ultrasound because the pregnancy is so new.

The provision “violates the plaintiffs’ constitutional due process rights,” she wrote.

Spokespeople for Planned Parenthood, Berger and Moore didn’t respond to emails late Friday seeking comment. Eagles’ upcoming final judgment can be appealed.

SEE ALSO | Abortion in North Carolina could be impacted after rulings in Arizona, Florida

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State Attorney General Josh Stein, a Democrat, abortion-rights supporter and 2024 candidate for governor, was officially a lawsuit defendant. But lawyers from his office had asked Eagles to block the two provisions, largely agreeing with Planned Parenthood’s arguments.

The lawsuit was initially filed in June 2023 and contained other challenges to the abortion law that the legislature quickly addressed with new legislation. Eagles issued a preliminary injunction last September blocking the two provisions still at issue on Friday. Eagles said last month she would make a final decision in the case without going through a full trial.

North Carolina remains a destination for many out-of-state women seeking abortions, as most states in the U.S. South have implemented laws banning abortion after six weeks of pregnancy — before many women know they are pregnant — or near-total bans.

SEE ALSO | Abortion advocates, opponents rally in downtown Raleigh as election year heats up



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