Last month, Hank Patterson attended a Congressional hearing held by the Workforce Protections Subcommittee of the House Education and Labor Committee, which examined state workers’ compensations systems.  The participants at the hearing discussed that “workers’ compensation systems have undergone numerous changes in the past decade as many states have begun strictly limiting workers’ compensation benefits – changes that may be stressing the Social Security Disability Insurance (SSDI) program. Additionally, the American Medical Association’s (AMA) guide to assessing injured workers has undergone significant changes in its latest edition, which has made consequential changes to injured workers’ evaluation procedure.”  See the committee site for details, as well as the comprehensive opening statement by Representative Lynn Woolsey.

Hank behind witness John Burton

Categories: News of the Firm Tags: AMA Guides, Congress, Hank Patterson, Hearing, House Education and Labor Committee, SSDI, Workers' Compensation

On Monday, December 6, firm partners Leto Copeley (Chapel Hill) and Ann Groninger (Charlotte) obtained a $250,000.00 verdict in Forsyth County Superior Court on behalf of their client, Thomas M. Sprinkle, against Hammaker East Emulsions, LLC, an asphalt manufacturing company.

Mr. Sprinkle was working for his employer Blythe Industries as a tack distributor truck driver on December 3, 2008, the day of his injury.  That morning his truck was empty and he drove to Hammaker East to have the truck loaded with tack.  After directing him to the loading dock and inserting the pipe into his truck, a Hammaker employee told Mr. Sprinkle that the pipes were clogged and it would be a little while before the tack started flowing.  Mr. Sprinkle remained on top of his truck, as he normally did, waiting for the tack to flow.  What he did not know, because Hammaker employees failed to tell him, was that, when the clog loosened, it would come out with a big “kapow.”  He also did not know that, in addition to blowing air through, and heating the pipes, the Hammaker employees left on the valve that allowed tack to flow from their system into Mr. Sprinkle’s truck.  When the clog finally loosened, the pipe came bursting out of the truck, spraying tack all over the truck and Mr. Sprinkle and knocking Mr. Sprinkle more than 10 feet to the ground.

Mr. Sprinkle’s knee was “pulverized” according to his doctor.  He had a complicated surgery to reconstruct his knee, a long period of recovery, and will likely need knee replacement surgery in the future.  After knocking him off his truck, Hammaker employees left Mr. Sprinkle sitting outside in the below-freezing temperature, until his supervisor arrived and called 911.  There was testimony that Hammaker’s plant manager, Bryan Miller, was slurring his words and reeked of alcohol immediately after Mr. Sprinkle’s fall.

Attorneys Valerie Johnson and Narendra Ghosh and paralegal Elizabeth Weatherspoon provided valuable assistance throughout the trial.

Categories: News of the Firm, Results Tags: Ann Groninger, Forsyth County, Industrial Accident, Leto Copeley, Narendra Ghosh, Negligence, Personal Injuries, Premises Liability, Results, Valerie Johnson

In firm news, Narendra Ghosh was recently selected for a three-year term on the Section Council of the North Carolina Bar Association Labor & Employment Section.  Narendra is currently one of the Newsletter Editors for the Section.  His term on the Council starts next year.

Categories: News of the Firm Tags: Labor and Employment, Narendra Ghosh, NCBA

At the 26th Annual North Carolina/South Carolina Labor and Employment Law CLE held in Asheville, North Carolina, Jonathan Harkavy will present his 2009-10 annual review of the Supreme Court’s employment law cases.  His paper is entitled Supreme Court Employment Law Decisions, 2009 Term.

Introduction: The 2009 Term of the Supreme Court of the United States illustrated in unmistakable fashion the central role that workplace regulation plays in the lives of our citizens. The Court’s determination of a broad range of employment-related issues maintained its focus on employment law that began several terms ago. Not only do this term’s decisions affect a variety of policies and rules applicable to workers, employers and benefit providers, but the Roberts Court’s unabashed interest in doctrinal development, revealed by a deeper look at its decisions, also is reshaping the employment relationship itself and altering how work-related disputes are to be resolved.  Read more…

Categories: News of the Firm Tags: Articles, Asheville, Jonathan Harkavy, Labor and Employment, NCBA, North Carolina, Presentation, US Supreme Court

Burton Craige and Leto Copeley are speaking this weekend at the North Carolina Advocates for Justice Mountain Magic Conference.  Burton is leading a panel entitled “Collateral Attack on the Collateral Source Rule.”  He will lead a discussion about the national trend to allow defendants to introduce evidence of the amount actually paid for medical expenses, rather than limiting the evidence to the amount billed.

Leto will be speaking about employment law issues that workers’ compensation practitioners should be aware of, such as the ADA and FMLA.  Wage and hour issues are also important ones to consider.  As this short paper prepared by Leto and Narendra Ghosh states, “Workers’ compensation practitioners should remain vigilant for potential wage and hour violations as they pursue claims for their clients. When getting information on a client’s average weekly wage, for instance, it is important to at least consider whether your client is getting paid fully, including for overtime, under the wage and hour laws.”

Categories: News of the Firm Tags: ADA, Articles, Average Weekly Wage, Burton Craige, FMLA, Labor and Employment, Leto Copeley, Narendra Ghosh, NCAJ, Personal Injuries, Presentation, Wage and Hour, Workers' Compensation

Narendra Ghosh will be speaking tomorrow at the Start-Up Boot Camp and Marketing Conference, a two-day event put on by the North Carolina Bar Association’s Center for Practice Management.  The Boot Camp is a program dedicated to the practical details of starting and running a law practice.  Drawing on his past experience as a computer programmer, and work on the website you’re reading, Narendra will be speaking about “Considerations for Your First Firm Website.”

Categories: News of the Firm Tags: Center for Practice Management, Narendra Ghosh, NCBA, News of the Firm, Presentation

A civil rights complaint was filed this month on behalf of Plaintiff Dwayne Allen Dail against the City of Goldsboro and individual defendants to seek redress for his wrongful incarceration.  The complaint may be viewed here.

Mr. Dail was arrested on May 13, 1988 for the rape of a 12 year old girl.  He maintained his innocence from the date of his arrest onward and insisted that evidence collected from the crime scene be tested against his DNA.  After Mr. Dail’s conviction, the City of Goldsboro reported that the evidence had been destroyed.  Eventually, in 2007, after repeated requests for this evidence, the Goldsboro Police Department acknowledged that, contrary to their previous representations, they were in fact in possession of the evidence from the crime scene.  The DNA evidence was tested against Mr. Dail’s DNA and he was finally exonerated after 18 years of imprisonment and set free.

Mr. Dail’s complaint brings claims under the federal constitution, North Carolina Constitution, and North Carolina common law.  Mr. Dail is represented by Burton Craige and Narendra Ghosh, as well as Spencer Parris and Christopher Olson at Martin & Jones.

Categories: News of the Firm Tags: Burton Craige, Civil Rights, Complaint, Constitutional Law, Exoneration, Narendra Ghosh, Negligence, Personal Injuries, Wrongful Conviction, Wrongful Incaceration

In Taylor v. Town of Garner, the Court of Appeals affirmed the decision of the Industrial Commission, agreeing that Officer Taylor is entitled to workers’ compensation benefits from the Town of Garner for the injury he suffered while working as a mounter officer at an N.C. State football game.  Because Officer Taylor was working pursuant to a mutual aid and assistance agreement between the Town of Garner and N.C. State, Garner remained responsible for his workers’ compensation.  Valerie Johnson and Narendra Ghosh are representing Officer Taylor.

Further analysis from the Court’s Opinion: Read more…

Categories: Judicial Decisions, News of the Firm Tags: Appeals, Industrial Commission, Mutual Aid Agreements, Narendra Ghosh, NC Court of Appeals, Police Officers, Results, Valerie Johnson, Workers' Compensation

In Evans v. Hendrick Automotive Group, we have filed this brief with the North Carolina Court of Appeals in this workers’ compensation case.  Ms. Evans was an office manager for a Hendrick dealership in Texas.  She was injured during a business trip to Charlotte, while she was walking back from an employer-sponsored dinner to her hotel.  The primary issue is whether the Industrial Commission correctly concluded that Ms. Evans’ accident arose out of and was in the course of her employment.  Valerie Johnson and Narendra Ghosh are representing Ms. Evans.

Here is the summary of our argument:  Read more…

Categories: News of the Firm Tags: Appeals, Briefs, Business Trip, Charlotte, Compensable Injury, Narendra Ghosh, NC Court of Appeals, Valerie Johnson, Workers' Compensation

In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this reply brief with the Fourth Circuit Court of Appeals in this wage and hour case.  See here for a summary of the case.   Ann Groninger, Burton Craige, and Narendra Ghosh are representing the plaintiffs, who are seeking to remedy the company’s failure to pay overtime to themselves and other Junior Asset Managers.  Here is a summary of our argument to the Court:

Read more…

Categories: News of the Firm Tags: Ann Groninger, Appeals, Briefs, Burton Craige, Class Action, Collective Action, FLSA, Fourth Circuit, Labor and Employment, Narendra Ghosh, NC Wage and Hour Act, Overtime, Wage and Hour