The Bollinger Law Firm, P.C.

NC Family Member providing Attendant Care can recover interest on late payments

The NC Court of Appeals filed a new attendant care decision on December 20, 2011.  This case, Chandler v. Atlantic Scrap & Processing and Liberty Mutual Insurance Co., NC COA11-618, holds that a husband who provided attendant care services to his disabled wife was entitled to be paid for 15 hours a day of attendant care at $11 per hour, beginning in June 2004.  His wife's doctor had informed Liberty Mutual that she needed someone with her all the time, and Liberty Mutual ignored the doctor and never provided attendant care.  These good folks finally got a lawyer and filed for a hearing.  The Industrial Commission at each level awarded attendant care compensation to the husband and the Court of Appeals affirmed the Full Commission decision.   In fact, the Court affirmed an award of attorney's fees against Liberty Mutual (whose TV ads talk about how Liberty Mutual always "does the right thing") because Liberty had ignored  the need for attendant care and refused to pay for it for years, and then defended the litigation without good reason.  In other words, the Court popped Liberty Mutual with attorney fees for NOT doing the right thing.  The Court allowed the husband to have a payment not just of the hourly wage but also interest on it at the legal rate from and after the date of the original hearing in the comp dispute.  

If you want to know more about attendant care in NC work comp cases, contact attorney Bob Bollinger in Charlotte at 704-377-7677 or by the contact form associated with our web site, www.BollingerLawFirmNC.com

 Thanks for reading our blog.  Post a comment if you would like.  Moderation of comments takes a couple days and we do not publish comments that contain personal attacks or foul language, or which do not appear to state true facts.      

No Comments

Leave a comment
Comment Information
Board Certified Specialist Super Lawyers AV | Peer Review Rated Avvo
Email Us For a Response

Get A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Office Location

The Bollinger Law Firm, P.C.
601 E. 5th St., Suite 250
Charlotte, NC 28202-3095

Toll Free: 866-218-4759
Phone: 704-879-1800
Fax: 704-373-1977
Charlotte Law Office Map