Legal analysis of the 14th Amendment’s Disqualification Clause and the upcoming election Fourteenth Amendment, Section 3: (Disqualification Clause) No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously
The Victims’ Fair Treatment Act
A group of North Carolina Republicans recently introduced legislation designed to end North Carolina’s long-standing contributory negligence law. Senators Danny Britt, Jr. (R – District 13), Jim Perry (R – District 7), and Amy Galey (R – District 24) are the primary sponsors of SB477, entitled The Victim’s Fair Treatment Act. North
Rampant Workers’ Compensation Fraud – The Truth
Unless you’ve been living off the grid or trapped under a rock, most of us have heard statements such as, “Most workers’ compensation claims are bogus!”, “Workers’ Compensation reform is necessary because so many claims are fraudulent.” and “All those fraudulent workers’ compensation claims are driving up employers’ workers’ compensation rates.” Every
Part II of Workers’ Comp & Pre-Existing Conditions: Not the End of the World, but Beware
Having established in Part 1 that pre-existing conditions are not an absolute bar to recovery in workers’ compensation cases, we have arrived at the “beware” part of this discussion. Beware of NCGS §97-12.1. §97-12.1. Willful misrepresentation in applying for employment. No compensation shall be allowed under this Article for injury by accident or occupational disease
Workers’ Comp and Pre-Existing Conditions: Not the End of the World but Beware
I always like to start with good news so let’s start this two-part series with the “not the end of the world part.” Do not let rumors or negative assumptions get you down. Having a pre-existing condition does not prevent you from obtaining workers’ compensation benefits. If you have a pre-existing condition,
Doomscrolling: Perpetuating the State of Heightened Anxiety
No, this isn’t the part where I preach to you about how bad social media is or that we should give up all modern technology and live a Henry David Thoreau type existence of quiet contemplation in the woods. There is nothing wrong and in fact something quite healthy in looking for
Nursing Homes, and Others, Are “Immune” From COVID-19 Liability?
Nursing home staff have been begging for proper PPE in homes, but many are required to use inadequate protection. Some staff are using things such as ponchos and even trash bags, and some with no protection at all. Such terrible conditions put elderly patients at risk. If a nursing home corporation failed to
North Carolina Workers’ Compensation Claims: Can I Choose My Own Doctor?
This seems like such a simple question. In fact, it is in the form of a “yes” or “no” question. However, the answer isn’t a simple “yes” or “no.” The answer is, yes, under certain extremely limited circumstances, so in reality, rarely. Let’s break this down and dig into the specifics behind
North Carolina’s Plans for Reopening Public Schools in the Time of COVID 19 – A Little Like Trying to Nail Jell-O® to a Wall
Waiting and wondering what “back to school” will look like for North Carolina K-12 students during the ongoing COVID 19 pandemic, has fueled anxiety and some frustration in many parents, guardians, students, teachers and school administrators. On July 14th, Governor Cooper provided guidelines for North Carolina’s public school students to return to school starting
COVID-19 Vaccine Efforts – Positivity & Progress
With so much bad news regarding negative COVID-19 trends, it can foster feelings of despair and helplessness. Let’s switch gears for a moment and accentuate the positive. The response to develop vaccines for COVID-19 is unprecedented. Currently, there are over 100 possible vaccines being developed and tested. It is highly unusual for