In Hojnacki v. Last Rebel Trucking, the Court of Appeals reversed the Industrial Commission, and ruled that one of the defendant-companies, Last Rebel Trucking, was also one of the plaintiff’s employers under the Workers’ Compensation Act.  The plaintiff, Mr. Hojnacki, was an interstate truck driver who was hired by Last Rebel Trucking, a local North Carolina company, to drive its truck under the dispatch of Comtrak Logistics, a large trucking company based in Tennessee.  On appeal, it was admitted that Comtrak was one of Mr. Hojnacki’s employers.  In its opinion, the Court found that Last Rebel was also an employer because it paid Mr. Hojnacki for driving its truck following its general directions.  The Court then remanded the case back to the Commission for a revised determination about jurisdiction and what benefits are owed to Mr. Hojnacki.  Leto Copeley and Narendra Ghosh are representing Mr. Hojnacki.

Categories: Judicial Decisions, Results Tags: Appeals, Employment Relationship, Industrial Commission, Leto Copeley, Narendra Ghosh, NC Court of Appeals, Results, Trucking Accidents, Workers' Compensation

In Hojnacki v. Last Rebel Trucking, we have filed an opening brief and a reply brief to the North Carolina Court of Appeals in this workers’ compensation case. Mr. Hojnacki is an interstate truck driver who was severely injured while loading his truck. The primary issue on appeal is whether North Carolina’s Workers’ Compensation Act covers Mr. Hojnacki. Though he was injured in South Carolina, he was jointly employed by two trucking companies, one of which is based in North Carolina. Because our Act has a special provision for truck drivers, N.C.G.S. 97-19.1, and the Act can apply to out-of-state injuries, the court should find that the Act applies. Leto Copeley and Narendra Ghosh are representing Mr. Hojnacki.

Categories: News of the Firm Tags: Appeals, Briefs, Leto Copeley, Narendra Ghosh, NC Court of Appeals, Trucking Accidents, Workers' Compensation