Edelstein Payne Employment Law, Workers Comp Case Results

Nuclear Whistleblower Supreme Court English v. General Electric

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Attorney Payne successfully argued to the U.S. Supreme Court, obtaining a unanimous decision reversing lower courts' dismissal of the claim. This case made it possible for whistleblowers covered by federal whistleblower protections to seek compensation beyond what is allowed under federal laws.  Click for more.

Termination in violation of public policy

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Prior to this case, there was no recognized and established cause of  action for a worker to sue a former employer for firing her in violation of public policy. Ms. Sides was allegedly fired for failing to either withhold testimony or testify untruthfully in a wrongful death case against Duke University Medical Center. Summary.

1st NC Supreme Court decides Crow V. Citicorp

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 The first decision of the North Carolina Supreme Court to recognize a common  question class action under state law, allowing consumers to  essentially combine their claims and seek compensation from large  corporations against which they might otherwise be helpless.  

American with Disabilities Act Reasonable Accommodation

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Vanessa Lucas argued the Americans with Disabilities Act case at the Court of Appeals, after the trial court granted summary judgment for the defendants and dismissed the case. Vanessa, working with Disability Rights NC, convinced the 4th Circuit panel her client deserves a trial on the merits of her claim she was fired as a result of a legitimate disability after requesting a reasonable accommodation.  More at "ADA Reasonable Accomodation"

Dixon v. City of Durham "Suitable Work" Workers Compensation

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Court of appeals ruled injured worker's refusal of an offered job was justified. Recognized that “suitable work” for purposes of an injured worker receiving workers' compensation is work that not only meets the physical restrictions of the worker, but that also allows the worker comparable wage earning opportunities to those that they had before the injury.

More details can be found cliking the button "Suitable Work Summary"

Whitfield v. Labcorp Job Injury medical benefits

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Laboratory Corporation of America and Hartford-ITT Specialty Risk Services appeal from an opinion and award of the NC Ind. Comm. (the Commission) entered 18 January 2002 granting Angela Whitfield (plaintiff) additional disability benefits, along with past and future medical expenses for injuries sustained in an accident in her employment with Laboratory Corporation of America.  Read more at "Whitfield v. Labcorp"

Edelstein Payne Durham Injury Workers' Compensation Results

Clemmons V. Securitas Cervical degenerative disc disease workers compensation benefits

Case recognizing that a spinal column injury and problem experienced by a security guard at a nuclear plant was caused by the carrying of substantial additional equipment about his upper body, and that those problems constituted an occupational disease.  Plaintiff was employed by Securitas, Inc. as a lieutenant guard at the Brunswick Nuclear Plant. Plaintiff worked twelve-hour shifts, working three straight days with three days off. However, during 2002 and 2003, because of a shortage of staff, plaintiff worked extra shifts, often working six twelve-hour shifts in a row. Following the terrorist attacks of 11 September 2001, security guards at the nuclear power plant had to carry increased significantly, weighing a total of forty pounds. For more details click "Clemmons V. Securitas"

Pulley v. Wilson Traumatic Incident Comp Disability

On 4 May 2005, plaintiff filed a claim for workers' compensation against defendant, alleging that injuries to his neck and back were caused by incidents which occurred at work on 29 April 2004 and 29 November 2004. After hearing evidence and reviewing depositions submitted by the parties, a Deputy Commissioner filed an Opinion and Award concluding that plaintiff had not suffered a compensable injury by specific traumatic incident on 29 April 2004 or on 29 November 2004 as a result of his employment with defendant. From this decision, plaintiff appealed to the Full Commission, which issued its Opinion and Award on 11 March 2008 reversing in part the decision of the Deputy Commissioner. View the Full Commission's Opinion and Award clicking "Pulley v. Wilson"

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Contact Us: We Provide Free Workers Compensation Case Reviews for the whole state of North Carolina Charlotte to Raleigh

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Edelstein Payne North Carolina Workers compensation attorney in Cary. We are a small firm committed to justice for all North Carolina employees. We represent real people in comp cases. Durham Job injury legal experts. Job accident lawyer in Raleigh. Charlotte comp legal experts. Denied workman's comp disability benefits?  If you were denied workman's comp disability benefits, please fill out our contact us form. We can initiate a free case review. 

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