Case Law Update: Godley v. New Hanover Med. Grp.

06/14/23 • 38 min

Today I do a deep dive into an unpublished opinion on the Parsons Presumption. I discuss the presumption, but more importantly I point out how attorneys and doctors engage in depositions, the testimony one needs to rebut the presumption, handling pre-existing injuries and how the Commission and Court of Appeals deals with testimony when they render their opinions. This episode is a must-listen in terms of "inside baseball" as to the litigation process playing out.

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Course & Scope of the Employment

The time, place and circumstances of an injury matter. It can be from an accident that arose out of the employment, but the employee still has to prove that it occurred within the course and scope of the employment for the injury to be compensable. We will discuss how a claimant can meet that burden.

Next Episode

Case Law Update: Sprouse v. Turner Trucking Co.

The Supremes came out with a published decision - a rare treat in North Carolina workers' compensation cases. Although this was more of a procedural rebuke of the Court of Appeals, there is a decent discussion of burdens of proof when it comes to a notice defense under N.C. Gen. Stat. 97-22. Think you are safe when an employee notifies you of an accident and says she's fine, then opts to treat on her own without telling you to the point of needing fusion surgery over a year later? Think again.