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.
NASSAU, Bahamas (AP) — Alyssa Ustby and Lexi Donarski scored 14 points apiece, and Ustby added 14 rebounds to lead No. 16 North Carolina to a 53-36 victory over Villanova in a semifinal game at the Women’s Battle 4 Atlantis on Sunday.
The Tar Heels (5-1) play Indiana in the championship game on Monday. The Hoosiers upset No. 18 Baylor 73-65 in Sunday’s first semifinal.
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Ustby made 6 of 8 shots from the floor with a 3-pointer for North Carolina on the way to her first double-double of the season. Donarski hit 6 of 10 shots with a pair of 3-pointers.
Maddie Webber led the Wildcats (4-2) with 12 points on 4-for-7 shooting from beyond the arc. Lara Edmanson pitched in with 11 points and seven rebounds.
The Tar Heels held Villonova’s leading scorer Jasmine Bascoe to two points after she came in averaging 16.6 per game. Bascoe missed all seven of her shots — three from distance — and made 2 of 4 at the free-throw line.
Ustby had seven points and Donarski scored five to guide the Tar Heels to a 17-7 lead after one quarter.
Donarski scored five more in the third quarter to help North Carolina turn a 30-18 lead at halftime into a 44-23 advantage heading to the final period.
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North Carolina shot 40% from the floor, made 5 of 17 from beyond the arc (29.4%) and 4 of 6 at the foul line.
Villanova shot 23.5% overall but made 5 of 18 from distance (27.8%) and 7 of 10 free throws.
The Tar Heels scored 15 points off of 21 Villanova turnovers. They turned it over 14 times but it led to only three points for the Wildcats.
North Carolina outscored Villanova 30-14 in the paint and never trailed.
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RALEIGH, N.C. (WTVD) — November is Native American Heritage Month, and it’s a time to celebrate the traditions and cultures of the many Native American communities across North Carolina.
On Friday and Saturday, the North Carolina Museum of History held its annual American Indian Heritage Celebration. People learned about Native American history through live performances, food, art, storytelling and more.
Since the history museum is closed for renovation, the celebration was held at the North Carolina Museum of Natural Sciences.
“Our songs, our dances, our stories, our language–it’s all medicine to us,” Community Programs Coordinator of NC Museum of History Kaya Littleturtle said at last year’s celebration. “Medicine is anything that makes you well be it physical, spiritual, emotional, all those things are medicine. We hope is that people come out here and they learn about those things, to help uplift us as a people. We hope that it inspires them to go get engaged with things to help uplift them as a people.
Duke hasn’t played pretty football at times, but the Blue Devils have consistently proven to be the top team in North Carolina.
After beating UNC (6-5, 3-4) and N.C. State (5-6, 2-5) earlier this year, Duke (8-3, 4-3 ACC) will go for the Tobacco Road sweep in the regular-season finale at Wake Forest (4-7, 2-5) on Nov. 30 (Noon, ACC Network).
Because of their consistently dominant defense and the ability to handle in-game adversity, the Blue Devils are in position to win double-digit games for just the second time in program history.
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That’s quite a debut for first-year coach Manny Diaz, who has helped the Blue Devils win five of their six one-score games this season, including a 31-28 victory against Virginia Tech on Saturday in the home finale at Wallace Wade Stadium.
Duke report card vs Virginia Tech
Here’s what and who stood out on senior night in Duke’s eighth win of the 2024 college football season.
Duke wide receiver Eli Pancol caps comeback with special finale at Wallace Wade Stadium
Eli Pancol, Duke’s sixth-year wide receiver who missed the 2023 season with an injury, capped his comeback with an incredible performance in the final home game of his career.
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Eli Pancol’s incredible comeback story
Finishing with five catches for 188 yards and three touchdowns, Pancol did most of that damage on two of the first four plays when he had an 86-yard catch-and-run touchdown, followed by a 77-yard catch-and-run TD. In his final two games at Wallace Wade Stadium, Pancol combined for 16 catches for 326 yards and four touchdowns.
Ozzie Nicholas, Cam Bergeron, Kendy Charles shine for Duke football defense
Pancol wasn’t the only senior to shine Saturday night against the Hokies. Duke’s top three tacklers were seniors, combining for 31 tackles, including three for loss. Princeton graduate transfer Ozzie Nicholas, Duke’s leading tackler, led the way again with 11 tackles. Fellow linebacker Cam Bergeron and defensive tackle Kendy Charles each had 10 tackles.
Overall, Duke had 14 tackles for loss, including eight sacks. The Blue Devils have consistently been among the top five teams in the nation at creating havoc for offenses as a steady presence in the backfield. It’s the main reason Duke is in position to reach 10 wins this season.
Manny Diaz keeps proving he was right hire for Blue Devils
Duke has won 10 games once since 1922, getting it done in 2013 under former coach David Cutcliffe, who helped resurrect a struggling program. Following Cutcliffe’s departure, Mike Elko won nine games in his first season and eight in his second before bolting to Texas A&M.
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After a successful stint as a defensive coordinator at Penn State, Diaz got a second head-coaching opportunity when Duke hired him in December 2023. In three seasons as the head coach at Miami, Diaz had one year with eight wins. He accomplished that in his debut year at Duke, putting the program in position to join an exclusive club if the Devils can win their final two games.
Rodd Baxley covers Duke, North Carolina and N.C. State for The Fayetteville Observer as part of the USA TODAY Network. Follow his ACC coverage on X/Twitter or Bluesky: @RoddBaxley. Got questions regarding those teams? Send them to rbaxley@fayobserver.com.
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.
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