Cases

Upon consideration of the petition filed on the 19th of July 2016 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 8th of December 2016."

* * * * * * * * * * * Upon review of the documents from the pre-trial conference conducted by Deputy Commissioner Stanback with reference to the errors assigned, and after review of the briefs and hearing oral arguments from the parties, the Full Commission modifies the Order of the Deputy Commissioner. * * * * * * * * * * * This matter was set for hearing before Deputy Commissioner Chrystal Redding S

*********** Upon review of the competent evidence of record with reference to the errors assigned, and finding no good grounds to receive further evidence or to rehear the parties or their representatives, the Full Commission upon reconsideration of the evidence modifies and affirms the Opinion and Award of the deputy commissioner. *********** The Full Commission finds as fact and concludes

The Full Commission has reviewed the prior Opinion and Award based upon the record of the proceedings before Deputy Commissioner Douglas E. Berger and the briefs and arguments before the Full Commission. The appealing party has shown good ground to reconsider the evidence. Having reconsidered the evidence of record, the Full Commission reverses the Deputy Commissioners holding and enters the following Opinion and Award. *********** EVIDENTIA

In response to defendants motion, the Full Commission notes that the medical records relating to treatment provided by Dr. Bingham were admitted into evidence following the Full Commissions review of the Deputy Commissioners evidentiary ruling. As such, these records were not new evidence and the case of Allen v. K-Mart, ___ N.C. App. ___ (NO. COA99-48, April 4, 2000), is not controlling. As for the calculation of plaintiffs compensation rate, due to a mathematical error the incorrec

The undersigned have reviewed the prior Opinion and Award based upon the record of the proceedings before Deputy Commissioner Pamela T. Young. The appealing party has not shown good ground to reconsider the evidence; receive further evidence; rehear the parties or their representatives; or amend the Opinion and Award. ********** The Full Commission finds as fact and concludes as matters of law the following, which were entered into by th

ORDER ROBERT D. POTTER, Chief Judge. THESE MATTERS are before the Court on Plaintiffs’ motion, filed October 31, 1990, to stay a pending state case until this federal matter is resolved, and Defendant’s motion, filed November 26, 1990, to stay this matter pending the disposition of the pending state matter. On November 26, 1990, Defendant filed a memorandum in opposition to Plaintiffs’ motion for a stay

*********** The undersigned have reviewed the prior Opinion and Award based upon the record of the proceedings before the Deputy Commissioner and the briefs and arguments of the parties. The appealing party has not shown good grounds to reconsider the evidence, receive further evidence, or rehear the parties and their representatives. Accordingly, the Full Commission affirms with modifications the Opinion and Award of Deputy Commissioner Rideout

616 S.E.2d 356 (2005) Eileen C. PAYNE, Administratrix of the Estate of Herby S. Payne, Deceased, Employee, Plaintiff, v. CHARLOTTE HEATING & AIR CONDITIONING, Employer, Employers Mutual Insurance Company, Carrier, and/or Ross and Witmer, Inc., Employer, Travelers Insurance Company, Carrier, Defendants. No. COA03-1651. Court of Appeals of North Carolina. August 16, 2005.

PER CURIAM Employer petitions for review of an order of the Workers’ Compensation Board, raising three assignments of error. We reject the first and second assignments without published discussion, writing only to address the third assignment, which claims as error the board’s award of attorney fees, allowed under ORS 656.386(1), in the amount of $18,000. Specifically, employer argues that the board, which merely recited that

MEMORANDUM OPINION AND ORDER N. CARLTON TILLEY, JR., Senior District Judge. This matter is back before the Court on Defendant Cummins Atlantic, LLC’s1 Motion to Dismiss for Failure to Prosecute, Lack of Personal Jurisdiction, and Insufficient Service of Process (Doc. # 36), Defendant Tom Johnson Camping Center Charlotte, Inc.’s2 (“Tom Johnson”) Motion

852 F.Supp. 1279 (1994) Robert H. TAYLOR, Plaintiff, v. CUMMINS ATLANTIC, INC., Defendant. Civ. A. No. 3:92-1850-19BD. United States District Court, D. South Carolina, Columbia Division. March 1, 1994. *1280 *1281 Paul H. Infinger, Beaufort, and Herbert W. Louthian, Louthian and Louthian, Colu

Sedgwick, J. Proceedings were begun before the county commissioners of the county of Sheridan to open a public road across a half section of the plaintiff’s land. Upon contest and hearing the commissioners ordered the road opened. Appraisers were appointed to appraise the plaintiff’s damages, and reported, appraising her damages at $600. Four days after this appraisement was returned the plaintiff began this action to enjoin

92 N.J. 31 (1983) 455 A.2d 469 IN THE MATTER OF THE SCHEDULE OF RATES FOR BARNERT MEMORIAL HOSPITAL. The Supreme Court of New Jersey. Argued September 28, 1982. Decided February 10, 1983. *33 Louis Pashman argued the cause for appellant Barnert Memorial Hospital (Cummins, Dunn, Horowitz & Pashman,

Mr. Thomas M. Suehs Executive Commissioner Texas Health and Human Services Commission 4900 North Lamar Austin, Texas 78751 Re: Whether the Health and Human Services Commission may adopt a definition of the term "affiliate" for purposes of section 32.0248 of the Human Resources Code (RQ-0903-GA) Dear Mr. Suehs: Section 32.0248 of the Human Resources Code requires the Health and Human Services Comm

ATTORNEY GENERAL OF TEXAS GREG ABBOTT February 17, 2011 Mr. Thomas M. Suehs Opinion No. GA-0845 Executive Commissioner Texas Health and Human Services Commission Re: Whether the Health and Human Services 4900 North Lamar Commission may adopt

*********** The Full Commission has reviewed the prior Opinion and Award based upon the record of the proceedings before Deputy Commissioner Homick and the briefs and arguments of the parties. The appealing party has shown good grounds to reconsider the evidence. Accordingly, the Full Commission reverses the Opinion and Award of the Deputy Commissioner and enters the following Opinion and Award: ****

REILLY, J. ¶ 1. Daniel L. Nuetzel injured both of his knees during the course of his employment as an assembler at Oshkosh Corporation. After separate surgeries, he continued to work for Oshkosh with permanent work restrictions. Nuetzel was eventually fired for allegedly sleeping on the job. After Nuetzel was terminated, he applied for vocational rehabilitation benefits pursuant to Wis. Stat. § 102.61 (2009-10).1

BARNHILL, WINBORNE, and DENNY, JJ., concur in result. This is an action to recover damages for personal injury sustained in a collision on the Concord-Charlotte Highway between a truck driven by plaintiff and one owned by the corporate defendant and being operated by its servant. The plaintiff recovered in the court below, and defendants appealed. The only question presented on the appeal is whether nonsuit should have been granted in the court below on the ground of plaintiff's alleged contr

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-2390 FLEET FEET, INC., Plaintiff − Appellee, v. NIKE, INC.; NIKE USA, INC.; NIKE RETAIL SERVICES, INC., Defendant – Appellants. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine