By Tara Muller
Question: When a brief writer is drafting Contentions or a Full Commission brief and identifies a compelling argument about an issue which was never raised, what can she do?
Answer: Argue it anyway!
The Court of Appeals recently released two decisions that analyzed issues relating to disability – specifically, the burden of proving futility – post-Wilkes v. City of Greenville. In Adame v. Aerotek, an unpublished decision, Plaintiff sustained a low back injury in June 2013. After receiving conservative treatment with multiple doctors, Plaintiff was ultimately released with permanent work restrictions of no lifting over 40 pounds, with frequent lifting and carrying of objects weighing up to 25 pounds. Plaintiff sought ongoing temporary total disability benefits, but the Industrial Commission found he was not entitled to indemnity benefits or vocational assistance because Plaintiff failed to meet his burden of proving disability. Plaintiff appealed to the North Carolina Court of Appeals.
By Julie Hooten
On behalf of the Workers’ Compensation Section Council, I’d like to welcome you to the new Bar year and our new blog format! The Workers’ Compensation Section has transitioned from the Course & Scope newsletter to this new format. Our editors, Mark Atkinson and Heather Baker, have worked hard to make this transition as seamless as possible. The Course and Scope provided great articles for our Section members but we believe the new blog format will enable us to publish relevant material more quickly and in a format that is more accessible. Mark, Heather and I strongly encourage all Section members to submit articles and posts for our new blog. After all, our blog is only as meaningful as the content we provide.