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Doctor has released but work won't accept employee back w/o restrictions North Caroli

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  • #16
    Kick Me, that is an interesting and informative article, but posting it once is enough, please.

    Next time, if you have an article you think the forum would benefit by reading, perhaps you could open your own thread and post the link, instead of posting it on multiple threads.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #17
      Yeah, that is an interesting article, especially for fired injured workers in PA.
      And by all means don't post it more than once, since it may be helpful to an injured worker.
      Bob Bollinger, Attorney
      Board Certified Specialist in NC Workers' Compensation Law
      Charlotte, NC

      Comment


      • #18
        You may notice that I put a copy of it in its own thread so that it would be seen by more people. If I were trying to hide it from injured workers I'd hardly do that, would I?
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #19
          Originally posted by joec
          Can you Keycite the history 716 A.2d 1231 to see what other state courts are saying ? The case most cited with a positive history is Frampton .
          JoeC
          Sorry Joe, no I can't. I was fully aware it was a PA case just hope that those that see it know WC courts can and do "change" what some think is the way it will be. No reason to think other states won't eventually do the same, perhaps they already have. Not at all uncommon for someone in different state to site the cases from another, especially when the ruling comes from the supreme court level. Bob correct me if I am wrong as you see the system every day, does the state you practice in not use case history from other states from time to time? Several WC cases I have read here in GA do.
          Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

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          • #20
            Yes, a state's appellate courts and work comp agencies will often look at the case law in another state for "persuasive" legal authority. But a case from PA will only be "binding" legal authority in PA. There are also legal textbooks called "treatises" that judges use for persuasive authority. The main one in work comp is called Larson's, named after the law professor who originally wrote it. A lot of states will look to see what Prof. Larson said about something in his treatise. NC does this often.
            Bob Bollinger, Attorney
            Board Certified Specialist in NC Workers' Compensation Law
            Charlotte, NC

            Comment

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