Attorney John F. Ayers III's Legal Cases

Workers compensation

L. Miller v Auria Solutions

May 17, 2022

OUTCOME: Plaintiff won at the Deputy and Full Commission Hearings, and at the NC Court of Appeals

Plaintiff worked at a auto parts manufacturer for approximately 5 years. Plaintiff sustained an injury to her shoulder (SLAP tear) while performing a repetitive task involving work with a waterjet to p ... roduce wheel well components for autos. She required surgery. The Employer claimed it was impossible to prove occupational disease because she had pain after performing her usual duties on one occasion. Both the Deputy Commissioner and Full Commission found a compensable occupational claim, awarding benefits. The Company appealed to the NC Court of Appeal and the Court affirmed Plaintiffs Award of benefits finding the claim fully compensable. The claim was settled favorably to Plaintiff thereafter.

Workers compensation

W. Sturdivant v Atrium Health

Apr 17, 2021

OUTCOME: Deputy Commissioner granted Plaintiff a second opinion as to his Back.

Plaintiff had neck surgery twice over several years following an altercation where a patient attacked Plaintiff. Plaintiff's low back was also injured in the attack but minimal medical attention was di ... rected at the back given the serious nature of Plaintiff's neck injuries. Plaintiff was refused a second opinion as to treatment for the Back. The Employer claimed he had already received several opinions from other Doctors who were mainly focused on the issue of Neck treatment.

Workers compensation

Davis v Ameriserve

Aug 07, 2020

OUTCOME: Initial settlement of $1,626,185.57 reduced after death to $783,626.57

Plaintiff was injured while unloading a truck, suffering a Back and Neck injury in 1991. He was represented by other counsel until 2002. He had not drawn lost wage compensation since 2002. He was pai ... d for a 25% disability rating to his back in 2002. Plaintiff's medical compensation claim remained open, although he did not receive treatment to his neck for many years. In 2012 he has a neck surgery which was not paid by workers compensation. In 2018 Plaintiff had a neck surgery which left him paralyzed from a post operative hematoma. This surgery was paid by worker's compensation. We settled his claim for a substantial sum, including lost wages in the future, as well as medical and attendant care for life, even though Defendants claimed Plaintiff's wage loss claim was barred by the statute of limitations. Plaintiff died shortly after settlement and his family received a substantial sum, although reduced from the original settlement, as medical and attendant care needs were no longer anticipated.

Workers compensation

Brian B. v Pepsi Bottling Company

Mar 31, 2020

OUTCOME: Settlement of $400,000.00 and a Medical Account for future medical expenses.

Plaintiff was in a forklift accident. Plaintiff suffered a severe injury to his foot which prevented him from working. Plaintiff developed CRPS, a painful neuropathic pain disorder and disease associat ... ed with trauma.

Workers compensation

Settlement of claim for permanent injury to Hand

Feb 15, 2020

OUTCOME: Case settled for $1,054,000.00

Plaintiff worked in a manufacturing facility where old machinery was being used to make product. Plaintiff had extensive injuries to his Hand, caused by the old machinery.

Workers compensation

Bellamy v Smithfield

May 13, 2019

OUTCOME: Total claim settlement value was $3,313,500.00

Plaintiff was rendered paraplegic in an industrial accident involving a forklift. We were able to obtain a new handicapped accessible Van for the Plaintiff and the cost of a new handicapped accessible ... Home for Plaintiff and his wife. The case was settled favorably for the Plaintiff for his lifetime medical benefits of $1,277,506.00, lifetime attendant care in the amount of $1,000,000.00, and $1,036,000.00 in lump sum payments.

Workers compensation

Ajsic v Aramark/Sedgwick Claims

Aug 08, 2017

OUTCOME: Case was settled

Even though Plaintiff suffered a Head injury with post concussion symptoms that was admitted by the Employer to be compensable, and the treating physician advised a evaluation with a Neurologist, the E ... mployer refused to provide the evaluation. As a result of the Employers repeated refusals to provide necessary treatment, Plaintiff was awarded $2,523.00 in her attorney fees by the Deputy Commissioner. The Commission found Defendants had engaged in unfounded litigiousness in refusing Plaintiff necessary Neurology evaluation.

Workers compensation

Time Warner Cable Technician Shoulder deemed compensable

Apr 20, 2017

OUTCOME: Case settled

A Time Warner technician was carrying a ladder on uneven ground and fell to the ground. At the time, his back injury was significant and treatment for that condition took several years. He began noti ... cing his shoulder pain after medication for the back was stopped. Complaints started a year after his injury. The Cable company denied the shoulder condition. We argued the medications masked his shoulder pain until the medications stopped. We secured an Award of benefits for the shoulder including disability benefits and surgery and PT costs. After evidence of disability was developed the claim settled for $213,500.

Workers compensation

Nurse permanently disabled

Sep 24, 2014

OUTCOME: settled

A nurse suffered a neck injury on the job and received advice from her former attorney to settle for $58,000. After we took over the claim, we were able to get the Nurse more medical care needed, and ... obtained expert testimony she was disabled. The claim settled for $295,000.00

Workers compensation

Larrimore v Dillard's Dept Store (NC Industrial Commission)

Nov 07, 2012

OUTCOME: Employee awarded increase in weekly benefits

The Plaintiff suit salesman for Dillard's was walking down a stopped escalator in the Store before it opened to the public. Unknown to him, a escalator repairman opened the escalator repair pit at the ... bottom of the stairs without proper warning to users of the escalator. The repairman left the pit unattended. Plaintiff fell into the pit suffering severe injury and permanent disability as a result. The store failed to use safety gates and other safety devices required by OSHA. Plaintiff was awarded an increase in his weekly benefits based upon the store's willful violation of a safety statute designed for his protection. He was also awarded continued medical compensation including medical expense for dental treatment resulting from a side effect from his extensive pain medication. The Department store appealed this decision and the Full Commission affirmed the earlier Award.

John F. Ayers III's Legal Cases (15)

L. Miller v Auria Solutions

W. Sturdivant v Atrium Health

Davis v Ameriserve

Brian B. v Pepsi Bottling Company

Settlement of claim for permanent injury to Hand

Bellamy v Smithfield

Ajsic v Aramark/Sedgwick Claims

Time Warner Cable Technician Shoulder deemed compensable

Nurse permanently disabled

Larrimore v Dillard's Dept Store (NC Industrial Commission)