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Workers' Compensation – Temporary Total Disability – Extended Benefits Claim – No Watkins Presumption – First Impression

When a disabled worker seeks to extend his temporary total disability benefits beyond the 500-week cap in G.S. § 97-29(b), he no longer has the benefit of the presumption of continuing disability described in Watkins v. Central Motor Lines, 279 N.C. 132, 181 S.E.2d 588 (1971). Instead, he must once again prove that he is
North Carolina United States Kristine Pratt Joshua Harper Chris Dillon Tracey Jones

Workers' Compensation – First Impression – Temporary Total Disability – Extended Benefits – Burden of Proof

On a matter of first impression, the court construes the “extended benefits” available under G.S. § 97-29(c), i.e., temporary total disability benefits past the usual 500 weeks, to be available under the same terms as temporary total disability benefits; however, a plaintiff seeking extended benefits no longer enjoys a presumption of continuing disability and must ...
North Carolina United States Stewart Poisson Ginny Lanier Frances Clement Lindsay Underwood

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