defense to a compensation claim (North Carolina) · Go Syfert
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defense to a compensation claim in North Carolina

6 North Carolina opinions name it 2 courts 1962–2022 2 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Frost v. Salter Path Fire & Rescuegreen
nc · 2007 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022Second, the Act insures limited liability for employers.” Frost v. Salter Path Fire & Rescue, 361 N.C. 181, 184 , 639 S.E.2d 429, 432 (2007) (citation omitted). ¶ 25 As part of this mutually beneficial exchange, our Supreme Court has long recognized that under the Workers’ Compensation Act “not even gross negligence is a defense to a compensation claim.

2022Second, the Act insures limited liability for employers.” Frost v. Salter Path Fire & Rescue, 361 N.C. 181, 184 , 639 S.E.2d 429, 432 (2007) (citation omitted). ¶ 25 As part of this mutually beneficial exchange, our Supreme Court has long recognized that under the Workers’ Compensation Act “not even gross negligence is a defense to a compensation claim.

22
Hartley v. North Carolina Prison Departmentgreen
nc · 1962 · cited in 3 North Carolina opinions naming this issue, 1982–2002
2 sentences

2002In addition, “not even gross negligence is a defense to a compensation claim.” Hartley v. Prison Department, 268 N.C. 287, 289 , 128 S.E.2d 598, 600 (1962).

1983Hartley v. Prison Dept., supra was cited for the proposition that, “ ‘not even gross negligence is a defense to a compensation claim.’ Id. at 289, 128 S.E. 2d at 600 . . . ‘Only intoxication or injury intentionally inflicted will defeat a claim,’ id., and . . . even the willful violation *467 of an employer’s rule does not defeat compensation, but may result in a ten percent reduction if the rule has been approved by the Industrial Commission.

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Vance neutral
nc · 1966
1 sentence

2002In addition, “not even gross negligence is a defense to a compensation claim.” Hartley v. Prison Department, 268 N.C. 287, 289 , 128 S.E.2d 598, 600 (1962).

12002–2002
Hoyle v. Isenhour Brick & Tile Co. green
nc · 1982
2 sentences

1983G.S. 97-12.” 306 N.C. at 256 , 293 S.E. 2d at 201 .

1983G.S. 97-12.” 306 N.C. at 256 , 293 S.E. 2d at 201 .

11983–1983
Allred v. Allred-Gardner, Incorporated green
nc · 1960
2 sentences

1962The only ground set out in the statute upon which compensation may be denied on account of the fault of the employee is when the injury is occasioned by his intoxication or willful intention to injure himself or another.’ ” Allred v. Allred-Gardner, Inc., 253 N.C. 554 , 117 S.E. 2d 476 .

1962The only ground set out in the statute upon which compensation may be denied on account of the fault of the employee is when the injury is occasioned by his intoxication or willful intention to injure himself or another.’ ” Allred v. Allred-Gardner, Inc., 253 N.C. 554 , 117 S.E. 2d 476 .

11962–1962

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 97-2 (5) NC § N.C. Gen. Stat. § 97-12 (4) NC § N.C. Gen. Stat. § 97-25.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NC 6 (1962–2022) CA 2 (1947–1968)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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