Jerri Simmons, a partner at Cranfill Sumner LLP, recently achieved a favorable result for an insurance carrier client (“client”) in a workers’ compensation dispute before the North Carolina Industrial Commission. The plaintiff alleged that her occupational disease—intestinal-type adenocarcinoma—was caused by prolonged exposure to wood dust while employed for a company that was insured by the client and sought benefits under policies issued by the client.
The pivotal issue was whether the client was liable for coverage, given the timing of the alleged exposure and the disputed coverage periods. Evidence demonstrated that the client was not the carrier of the risk during the period of last injurious exposure, and the Deputy Commissioner had previously dismissed the client as a party defendant.
Applying North Carolina Industrial Commission rules, the Full Commission granted the client’s motion and dismissed it with prejudice as a party defendant. The Commission further found that the plaintiff’s occupational disease claim was compensable against a different party. As a result, the client’s dismissal was upheld, and the client did not owe benefits in this matter.
The outcome of a particular case cannot be predicated upon a lawyer's or law firm's past results.
