Legal Question in Workers Comp in North Carolina
Had a hearing last year w/ NCIC (Industrial commision). Can an atorney include information in their post hearing opinion that had never been heard or found to be true or false by any party present @ the hearing. Basically this; The defense AT raised an arguement in their opinion regarding written notice to employer, but nobody had ever been questioned if written notice was or was not given or received therefore they made the assumption that it was not, possibly only relying on their clients info, but again, nobody, by anyone, gave statement of it existance. So how could they center their opinion around the issue?
1 Answer from Attorneys
No. But the existence of proper notice may be borne out by the Industrial Commission forms already in the file. And the burden of proof is on you, the worker, to prove notice was given. Your lawyer would have known before the hearing that this issue was on the hearing agenda because it would have been listed in the pretrial agreement. So it should be no surprise at this point.
Related Questions & Answers
-
Left arm distal bicep repaired today, am i entitled to a settlement? Asked 12/14/10, 11:46 am in United States North Carolina Workers' Compensation Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
