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Full-Text Articles in Law
Mediation Of Industrial Commission Cases, Lex K. Larson
Mediation Of Industrial Commission Cases, Lex K. Larson
Campbell Law Review
This Article describes the North Carolina system of mediating Industrial Commission cases and discusses some of the important issues that are being faced. Where appropriate, North Carolina's system is placed in the context of what other states are doing.
The Substantial Certainty Exception To Workers' Compensation, Michael Doran
The Substantial Certainty Exception To Workers' Compensation, Michael Doran
Campbell Law Review
This Article attempts to point toward the correct definition and application of the substantial certainty liability standard, recognizing its foundation in the Woodson and Barrino decisions. This Article also will point out the apparent misapplications of the standard in decisions handed down after Woodson. Finally, in light of the North Carolina Supreme Court's per curiam decision in Owens v. W.K Deal Printing, Inc., which appears to illustrate the court's disapproval of the definition and application of substantial certainty contained in decisions from other courts, this Article will attempt to forecast the direction of future decisions involving this theory of civil …
Primary Issues In Compensation Litigation, Commissioner J. Randolph Ward
Primary Issues In Compensation Litigation, Commissioner J. Randolph Ward
Campbell Law Review
This Article seeks to aid the practicing attorney with hearing preparation and research by identifying fundamental issuesthose matters that should be stipulated, or will be litigated, in virtually every workers' compensation case-and the grounds on which they are most commonly controverted. Recent amendments to the operative statutes are noted.
The Fairness Requirement For A Workers' Compensation Agreement - The Effect Of Vernon V. Steven L. Mabe Builders, Isabel E. Loytty
The Fairness Requirement For A Workers' Compensation Agreement - The Effect Of Vernon V. Steven L. Mabe Builders, Isabel E. Loytty
Campbell Law Review
This Note provides a history of North Carolina courts' treatment of voluntary settlement agreements prior to Vernon v. Steven L. Mabe Builders. Next, this Note examines the ruling in Vernon, as well as the court's reasoning. The Note then reviews the relevant provisions of the Workers' Compensation Reform Act of 1994 passed by the General Assembly in July, 1994. Finally, the Note addresses the ramifications of the Vernon decision and concludes with a discussion of the decision's effects and the questions it raises.