What does Clark v. Wal-Mart mean?
The case of Clark v. Wal-Mart has received quite a bit of press. What is so significant about this case?
Essentially, the NC Supreme Court ruling in Sandra Clark's case allow employers to accept liability on a form 60 or 63, without necessarily accepting responsibility for ongoing disability. The Supreme Court decided that the form agreements were simply admissions of compensability, not disability. So, anytime there is a dispute about disability, the employee must come to court and prove that he/she continues to be disabled, i.e. by Dr. testimony and prove that they cannot find a job because of the disability, even if they are still receiving temporaty total disability under a form agreement.
I would say from our standpoint that Clark v. Wal-Mart case has increased litigation and the number of hearings. It will be interesting to observe the rise in litigation especially since this ruling is not even a year old.