It's unnerving to think that months or even years after you, your doctors and your attorneys have established to the North Carolina Industrial Commission and perhaps even the courts that you suffered a work-related injury worthy of compensation, that those benefits might ultimately be challenged. Not only that, but your employer could later accuse you of overpayment, which you could be forced to pay if the court determines you were not disabled for as long as you collected benefits.
This actually happens more than you might think, and our Charlotte workers' compensation lawyers know how important it is to have a legal team with experience handling your case as soon as you receive notice from your employer about a potential overpayment.
This was the scenario weighed by the North Carolina Supreme Court recently in the case of Medlin v. Weaver Cooke Constr., LLC. Here, the employer (or in this case, former employer) asserted that the plaintiff's lack of a job was not related to his disability, but rather to the overall poor economic climate.