Attorney Todd P. Oxner's Legal Cases

Workers compensation

K.D. v. UPS & Liberty Mutual

N/A

OUTCOME: We won the case by having the NCIC require a new evaluation of the client. She demonstrated full lifting capacity, returned to work for another couple of years, and significantly raised her monthly retirement pay by doing so.

My client was a UPS driver who had a knee injury. UPS requirements indicate the ability to lift 75 lbs unassisted and 150 lbs assisted. My client had a good recovery from her knee surgery and clearly w ... anted to return to her job as she was a couple years short of her 30 year retirement. The rehabilitation nurse intervened and limited the Functional Capacities Evaluation to determining if she could lift 50 lbs. The physical therapist showed that my client could indeed do so. However the FCE did not indicate that my client could lift the required 75 lbs so UPS said she could not return to work. We went to hearing before the Industrial Commission to demonstrate the the rehab nurse was favoring defendants (who in this case were apparently trying to purge senior drivers from their ranks) by limiting the physical evaluation.

Workers compensation

B.J. v. Broadspire

N/A

OUTCOME: We won at the initial hearing. Defendants then appealed to the Full Commission where we won a second time. We successfully obtained an order from the NCIC requiring defendants' to pay our expenses and fees for the appeal.

My client was an over-the-road truck driver who suffered a knee injury. His doctor released him to return to work with restrictions against prolonged sitting, no kneeling, and limited his driving to 6 ... hours per day. His employer and Broadspire hired a vocational rehabilitation professional to do an evaluation of a newly created position with the company. Although the RP was in contact with plaintiff and myself she did not advise that she was going to the employer to review this job. The RP subsequently testified that although the doctor had placed significant limitations on the injured worker she saw no reason that he could not drive solo across country for up to 11 hours per day. Additionally she testified that Federal Motor Carrier Safety regulations would permit my client to skip his pre-trip inspections if it were uncomfortable for him to kneel and examine his tires, brakes, etc. Based on the RP's testimony defendants asked the Industrial Commission to terminate my client's weekly checks.

Workers compensation

P.K. v. Amerisure

N/A

OUTCOME: Settled

My client was an over-the-road truck driver who slipped and fell one night in his motel while on the road. His employer and its workers' comp carrier, Amerisure, denied the claim saying that although h ... e was in the course and scope of his work activities he was an independent contractor and not an employee. Accordingly he would not be covered by the workers' compensation insurance policy. At the mediation of the case defense counsel, a partner at one of the most powerful workers' compensation defense firms in North Carolina, admitted that neither he nor his clients were aware of N.C. Gen.Stat. 97-19.1 which creates an exception to the normal rule barring independent contractors from receiving workers' compensation. This exception applies only to truck drivers.

Todd P. Oxner's Legal Cases (3)

K.D. v. UPS & Liberty Mutual

B.J. v. Broadspire

P.K. v. Amerisure