Barbara E. Ruark

Representative Matters

• Whicker v. Compass Group and Novant Health (NC App, 2016; petition for discretionary reviewed denied by the NC Supreme Court) – Plaintiff worked for a cleaning company that provided cleaning services to a hospital.  Defendant hospital successfully refuted Employee’s claim of a joint employment relationship.
• Toney v. Colonial Properties (NC App, 2013) – Successfully defended Employee’s allegation of permanent total disability due to a work related incident by establishing the Employee had significant pre-injury back condition and that Employee had misrepresented the nature and extent of his pre-injury condition to his treating physicians. The Court concluded that plaintiff’s work incident had not worsened the Employee’s pre-injury condition.
• Grayson v. Novant Health (NC App, 2012) – Successfully defended Employee’s claim that he was a statutory Employee of Defendant hospital.  Employee worked for a non-insured company who provided perfusion services for the hospital.
• Edgerton v. Wythe Advantage (NC App, 2010) – Successfully refuted the self-employed Employee’s claim that her average weekly wage was approximately $1,250.00 by establishing it was $769.40.
• Hunter v. Citibank Cards (NC App 2010) – Successfully stopped Employee’s ongoing pain management and orthopedic treatment by establishing that she was not credible and that her ongoing complaints were not related to her work injury.
• Johnson v. Thomasville Furniture (NC App, 2009) – Plaintiff’s representative brought a death claim contending that his death was due to chemical exposure while working for the Employer.  Through use of a number of retained experts, the claim was successfully defended resulting in a full denial.
• Thornburg v. Rainbow Transport (NC App, 2006) – Successfully defended Employee’s claim for a work related heat stroke while working for the Employer.  The defense was based on the theory that plaintiff’s incident was not due to an unusual circumstances as required by the NC Workers’ Compensation Act.