North Carolina Personal Injury Lawyer Blog

Work related injuries can affect you not only physically but mentally and emotionally. If you have been involved in a work related injury in North Carolina, get the advice of an experienced North Carolina injury attorney to help you get the benefits you deserve. Attorney Henry Teich has been a North Carolina Board Certified Specialist in Workers' Compensation Law for more than 10 years.

Hale v. Office of Ins. Comm'r is a case that shows how challenging some Worker's Compensation ("WC") claims for psychiatric injuries can be.

Hale ("Plaintiff" or "Claimant") was the employee of the Office of Insurance Commissioner in West Virginia ("Defendant"). While working for this office, Hale sustained injuries to his back. As a result of these injuries, Hale received a permanent partial disability award.

Claimant later sought a psychiatric evaluation. The doctor evaluating claimant identified that the claimant was suffering from panic disorder and major depressive episode created by the work accident where he injured his back. These reports were submitted by this doctor in the attempt to add depression as a compensable injury to claimant's WC claim.

The Worker's Compensation Board of Review ("BOR") and the WC Office of the Judge ("OOJ") rejected claimant's proposed amendment. The main contention was that the claimant was required to seek approval from his WC claims administrator before he sought the psychiatric evaluation. Claimant then appealed this decision to the state supreme court.

The question presented to the court was whether a claimant in a workers' compensation claim must get prior authorization from the WC administrator before claimant gets a psychiatric consultation. The court begins with a summation of the basic WC rules which are:
- In order to for an injury to be considered compensable for WC purposes there must be a personal injury, this injury must have been sustained during the course of employment and the injury must be a result of employment.
- In a WC case, the claimant has the burden of proving the claim.
- In West Virginia, a psychiatric disability is compensable for purposes of WC when the injury arose out of comprehensible physical injury.

The court was charged with interpreting two state WC statutes that conflicted with each other. In order to establish whether the rules and procedures created by an administrative agency will be upheld, the rule or procedure must be reasonable and cannot "enlarge, amend or repeal substantive rights created by statute." See State ex rel. Callaghan v. W.Wa. Civil Serv. Comm'n, 273 S.E.2d 72 (1980).

Within one of the statutes, the claims administrator would be charged with making a decision regarding psychiatric treatment without the expert medical or psychiatric opinions. This West Virgina court found that this restriction on claimant's psychiatric treatment was not reasonable and it was inconsistent with the intent of the statute drafters. WC was created to provide compensation to workers who are injured in the course of their employment. Therefore, the state Supreme Court held that this type of requirement would be an invalid exercise of administrative regulation.

The court here upheld the other statute and cited previous case law that established a threefold process to determine whether a claimant can add a psychiatric disorder as a compensable injury in a WC claim. In order for a claimant to add a psychiatric disorder to the claim, claimant's treating physician must refer the claimant to a psychiatrist for a consultation. Upon completing this initial consultation the psychiatrist is required to provide a detailed report consistent with WC law. Lastly, the claim administrator is responsible for utilizing the psychiatrist report and determining whether the psychiatric condition should be classified as a compensable injury in the claim.

Being silent about your mental health is not necessary in WC claims. This case shows how important it is to understand your rights.

It's National Distracted Driving Awareness Month 2012. Every April, safe driving advocates across the county, our Asheville injury lawyers and the National Safety Council (NSC) work toward a common goal of trying to reducing the number of distraction-related car accidents in North Carolina and elsewhere. The time has come again, to raise the awareness and to help make our roadways safer for everyone!

A recent article applauded Chapel Hill, North Carolina for being the very first town council to enact a complete ban on all cell phone use for all motorists. Hands-free devices are even covered in this ban. That's not all. Motorists are also banned from using on-board wireless systems, which is also a first-of-its-kind measure. There are many areas throughout the country that ban on certain distractions for only a group of drivers. The town council of Chapel Hill has gone forth with banning all electronic devices from all drivers in an attempt to help to cut down the risks of distraction-related car accidents.

Our North Carolina injury lawyers understand that a number of studies have concluded that hands-free devices are no safer than hand-held devices. Many safe driving advocates believe that the only way to make our roadways safe and distraction free is to enact laws banning all of these behaviors. That's exactly what the town council of Chapel Hill had in mind. Drivers need to keep their eyes and their mind on the road, with minimal distractions.

"In passing a total ban, Chapel Hill has taken a significant step toward making their roads safer," said Janet Froetscher, president and CEO at NSC. "We praise Chapel Hill for this action. It will save lives."

A number of studies have indicated that the human brain is actually incapable of processing two demanding tasks at once, like using a cell phone and driving. Many drivers, especially more experienced ones, think that they're able to complete both of these tasks, without compromising their safety behind the wheel.

In honor of the new Chapel Hill law and in honor of National Distracted Driving Awareness Month 2012, we are asking all motorists to take the pledge and to vow to drive distraction free. We're not just asking for a month of it, we're asking for a lifetime of safe driving habits.

The National Safety Council urges the following pledge:

-Vow to stop using electronic devices while driving, including cell phones, text messaging devices and other electronics.

-If you call someone who is driving and they answer, let them know you'll be happy to continue the conversation once they're stopped and safe.

-Talk with friends and family about the risks associated with distracted driving. Get the word out there!

"We owe to those whose lives have been lost to take a stand. Speak up when someone calls you while driving or uses a phone while driving with you in the car," says Jacy Good of FocusDriven.

Nowadays, teenagers are attached to their phones. With the technology these days, it's like a hand-held computer. You can do virtually anything with the touch of a button. Phones can not only make phone calls and text message, but they can access the internet, communicate through social networks, play games and much more. Not one of those things is beneficial when your teenage driver is behind the wheel of a motor vehicle. According to the AAA Foundation for Traffic Safety, a recent study into teen drivers discovered this technology is the number one distraction, significantly increasing their risks for an accident in North Carolina.

The AAA study looked at the driving habits of 50 North Carolina families. After searching through six months and 8,000 clips of video from in-car cameras, researchers concluded that nearly 10 percent of the time teen drivers were using electronic devices at the wheel. They were using their phones and taking their eyes off of the wheel more than any other kind of distraction. There were a lot of other distracting activities recorded, too!

Our Waynesville injury lawyers understand that teen drivers already face some of the highest risks for accidents simply because of their inexperience behind the wheel. This study illustrated that female teens were the worst of the bunch, engaging in activities with electronics nearly 10 percent of the time they were behind the wheel. Male teenagers logged less than 5 percent of their time behind the wheel engaging in these distractions, according to Market Watch.

Carol Ronis, AAA's senior communications manager, said that this study was so important because car accidents continue to be the number one cause of death for this young age group. As a matter of fact, teens are four times more likely to get into an accident than adult drivers.

"Continue the conversation with your child. Set a good example. They are always watching and modeling our behaviors," said Ronis.

She's right! Parents need to stay involved in their teen's driving career long after they've received their unrestricted driver's license. Teens still need to be reminded of the proper, and safe, driving behaviors. Consider enacting your own household driving rules. Create a parent-teen driving contract to lay out the rules and consequences for breaking these rules.

According to the Governors Highway Safety Administration (GHSA), drivers in North Carolina who are under the age of 18 are prohibited from using a hand-held cell phone while driving. All drivers in the state are prohibited from text messaging behind the wheel. Just because these laws are on the books, doesn't mean that teens will listen or even that law enforcement will enforce the rules. Make sure there's a clear understanding and expectation of safe driving habits within your household. Set rules, enforce them and help to keep your teen safe.