E. Stewart Poisson

• J.D., University of North Carolina School of Law, with honors, 2004
• Special Projects Editor, North Carolina Law Review, 2003-04 Member, North Carolina Law Review, 2002-03
• B.A., University of North Carolina-Chapel Hill, 2001
• Member, Pi Beta Phi

Honors

• Board Certified Specialist in Workers’ Compensation Law
• Recipient, William T. Joyner Award for Excellence in Journal Writing
• New Lawyers Division Chair, North Carolina Advocates for Justice (2010 – 2012)
• Member, Board of Governors, North Carolina Advocates for Justice (2010 – 2017, 2021 to present)
• Executive Committee, Workers’ Rights Section, North Carolina Advocates for Justice (2011 to present)
• Member, North Carolina State Bar Ethics Committee (2014 to 2020, 2022 to present)
• Chair, Workers’ Rights Section, North Carolina Advocates for Justice (July 2016 to July 2017)
• Co-Chair, Coastal Region of the NCAJ Womens’ Caucus (July 2016 to present) Member, North Carolina State Bar
• Member, North Carolina State Bar Specialization Committee, Workers’ Compensation (2015 to 2020)
• Diversity + Inclusion Officer, North Carolina Advocates for Justice, Executive Committee (2020 to 2021)
• Member, North Carolina State Bar Authorized Practice Committee (2021 to 2021)
• “Workers’ Compensation Appellate Court Decisions since November 2020,” Workplace Torts & Workers’ Comp (North Carolina Advocates for Justice, December 2021)
• “Panel Discussion:  Extended Benefits per Section 97-29(c) of the General Statutes,” Workplace Torts & Workers’ Comp (North Carolina Advocates for Justice, December 2021)

Memberships

• New Hanover County Bar Association
• North Carolina Bar Association
• North Carolina State Bar
• North Carolina Advocates for Justice (NCAJ)
• Workers’ Injury Law Group (WILG)

Representative Published Appellate Cases

• Blalock v. Southeastern Materials, 209 N.C. App. 228, 703 S.E.2d 896 (2011). Ms. Poisson prepared all of the briefs in this case at the Industrial Commission and handled the appeal in this case by preparing the Appellant Brief at the Court of Appeals. Her work at the Court of Appeals resulted in the Court of Appeals reversing the Industrial Commission on its decision not to award attorney’s fees for unfounded litigiousness in the case. Ms. Poisson argued that there was no evidence in the record to support the defendants’ denial of the case, and while the Industrial Commission initially agreed, it later assessed attorneys’ fees against the defendants after the Court of Appeals held that it had erred.
• Javorsky v. New Hanover Regional Medical Center, 208 N.C. App. 644, 703 S.E.2d 761 (2010).  Ms. Poisson handled this case in its entirety and prevailed on the defendants’ appeal at the Court of Appeals.  This was a denied case in which Ms. Poisson was awarded attorneys’ fees for the defendants’ unfounded litigiousness in part because the defendants failed to interview a known eyewitness to the accident and yet still denied the claim.
• Ard v. Owens-Illinois, 182 N.C. App. 493, 642 S.E.2d 257 disc. rev. denied 361 N.C. 690, 652 S.E.2d 254 (2007). Ms. Poisson prepared the Full Commission brief, the Appellee Brief at the Court of Appeals and the Response to the Petition for Discretionary Review at the Supreme Court. Ms. Poisson prevailed at all levels on appeal. The issue was whether the defendant-employer was responsible when the plaintiff had three separate back injury claims, two of which caused disability.
• Taylor v. Carolina Restaurant Group, 170 N.C. App. 532, 613 S.E.2d 510, aff’d per curiam 360 N.C. 173, 622 S.E.2d 492 (2005). Ms. Poisson handled the appeal in this case by preparing the Court of Appeals and Supreme Court Appellee Briefs in her first year out of law school. She also argued this case at the North Carolina Supreme Court when she had been licensed for just over a year. She prevailed at both the Court of Appeals and the Supreme Court. The issue in the case was whether the client was receiving a double recovery by settling with one defendant and continuing to litigate against the other defendant and ultimately receiving a favorable running award.

Representative Unpublished Appellate Cases

• Williams v. City of Wilmington, __ N.C. App. __, 716 S.E.2d 876 (2011). Ms. Poisson handled this case in its entirety and prevailed on the defendants’ appeal at the Court of Appeals. This was a complex occupational disease claim involving trigger finger and carpal tunnel syndrome that the insurance carrier had denied.
• Perez v. Clark, __ N.C. App. __, 701 S.E.2d 404 (2010). Ms. Poisson prepared all of the briefs in this case at the Industrial Commission and handled the appeal in this case by preparing the Appellant Brief at the Court of Appeals. She was successful in having the Court of Appeals reverse the Industrial Commission on the issue of whether the plaintiff was entitled to medical treatment for his injured back. The Industrial Commission had failed to answer the initial question of whether the plaintiff had injured his back in the accident before denying medical treatment, and this was error.
• Polk v. Nationwide Recyclers, Inc., 192 N.C. App. 211, 664 S.E.2d 619 (2008). Ms. Poisson prepared all of the Industrial Commission briefs in this case and the Court of Appeals Appellant Brief. The issue in the case was whether the plaintiff was required to accept payment of her impairment rating upon the defendants’ filing of a Form 33 Request for Hearing.  In this case of first impression, the Court of Appeals held that this plaintiff was required to accept her rating given the facts of the case but also held that the Industrial Commission had erred in failing to address the issue of what her appropriate average weekly wage was in the case. Ms. Poisson and her father, Fred Poisson, Jr., were at the forefront of this issue on cases in which the defendants have filed a Form 33 requesting the Industrial Commission to require the plaintiff to accept payment of a rating and are very versed in this area of the law.
• Deason v. Owens-Illinois, __ N.C. App. __, 664 S.E.2d 665 disc. rev. denied 363 N.C. 124 disc. rev. denied 363 N.C. 124, 675 S.E.2d 41 (2009).  Ms. Poisson prepared all of the Industrial Commission briefs in this case, the Appellant Brief at the Court of Appeals and the Response to the Petition for Discretionary Review at the Supreme Court. She prevailed at all levels. The issue in the case was whether the plaintiff had been disabled by a pre-existing, non-job-related condition rather than his compensable injury.
• Wright v. Simpson’s Eggs, __ N.C. App. __, 636 S.E.2d 340 (2006).  Ms. Poisson prepared the Full Commission Appellant Brief and the Court of Appeals Appellant Brief in this case within her first two years out of law school. Her work resulted in the Court of Appeals reversing the Industrial Commission.  The issue in the case was whether a final award had been entered in the case, and another case involving a similar issue was published while this case was awaiting decision; the attorneys in the other case made the same argument that Ms. Poisson made in her brief. As a result of this work, the client was allowed to receive additional workers’ compensation benefits.

• E. S. Poisson, “Recent Cases Involving the Exclusive Remedy Provision of the Workers’ Compensation Act: Trivette v. Yount and Taft v. Brinley’s Grading, Inc. et al.” Trial Briefs (North Carolina Advocates for Justice, August 2013).
• Cammarano and V. Johnson (editors), North Carolina Workers’ Compensation Law: A Practical Guide to Success at Every Stage of a Claim (LEXIS-NEXIS® 1st ed. 2012 & 2nd ed. 2014) (wrote Chapter 5, “Course and Scope”).
• E. S. Poisson, “Addressing the Impropriety of Statutory Caps on Pain and Suffering Awards in the Medical Liability System,” 82 North Carolina Law Review 759 (2004).

• “Social Media and the Workers’ Compensation Practitioner,” 26^th Annual North Carolina Workers’ Compensation Educational Conference (North Carolina Industrial Commission, October 2021)
• Panel Discussion, “Whaddya Mean my Checks Will Stop at 500 Weeks?” Quirky Issues in Workers’ Comp (North Carolina Advocates for Justice, September 10, 2021)
• “Workers’ Compensation Appellate Court Decisions since November 2019,” Workplace Torts & Workers’ Comp (North Carolina Advocates for Justice, December 2020)
• Advanced Topics of Workers’ Compensation, Extended Benefits (North Carolina Bar Association, November 13, 2020)
• “Workers’ Compensation Appellate Court Decisions since November 2018,” Workplace Torts & Workers’ Comp (North Carolina Advocates for Justice, December 2019)
• Panel Discussion, “Most Important Workers’ Compensation Cases of the Year” (Convention, North Carolina Advocates for Justice, June 2019)
• Panel Discussion, “Using Social Media as an Investigative Tool – Who Can You “Friend”?” Ethics Hot Issues (North Carolina Advocates for Justice, February 18, 2019)
• “The Physician’s Role in the Return to Work Process,” 23^rd Annual North Carolina Workers’ Compensation Educational Conference (North Carolina Industrial Commission, October 2018)
• Panel Discussion, “Deposition Successes,” Convention (North Carolina Advocates for Justice, June 2018)
• “Workers’ Compensation Appellate Court Decisions since November 2016,” Workplace Torts & Workers’ Comp (North Carolina Advocates for Justice, December 2017)
• “Best Practices for Appeals to the Full Commission” 22^nd Annual North Carolina Workers’ Compensation Educational Conference (North Carolina Industrial Commission, October 2017)
• Panel Discussion, Most Important Workers’ Compensation Cases of the Year, Convention (North Carolina Advocates for Justice, June 2017).
• “Workers’ Compensation Appellate Court Decisions since November 2015,” Workplace Torts & Workers’ Comp (North Carolina Advocates for Justice, December 2016).
• “Communications with Medical Providers per Section 97-25.6 of the General Statutes: What’s Allowed And What’s Not,” 21st Annual North Carolina Workers’ Compensation Educational Conference (North Carolina Industrial Commission, October 5, 2016).
• Panel Discussion, Most Important Workers’ Compensation Cases of the Year, Convention (North Carolina Advocates for Justice, June 2016).
• “Proving Disability: How to Meet Your Burden,” Workers’ Comp Roundtable (North Carolina Advocates for Justice, March 4, 2016).
• “Workers’ Compensation Appellate Court Decisions since November 2014,” Workplace Torts & Workers’ Comp (North Carolina Advocates for Justice, December 2015).
• Panel Discussion, Most Important Workers’ Compensation Cases of the Year, Convention (North Carolina Advocates for Justice, June 2015).
• Panel Discussion, Establishing Disability Under the North Carolina Workers’ Compensation Act in 2015: The Spectrum of Earning Capacity Issues from Impairment to Restoration (North Carolina Bar Association, February 2015).
• “Workers’ Compensation Appellate Court Decisions since November 2013,” Workplace Torts & Workers’ Comp (North Carolina Advocates for Justice, December 2014).
• Panel Discussion, Most Important Workers’ Compensation Cases of the Year, Convention (North Carolina Advocates for Justice, June 15, 2014).
• “Tricks and Traps in Clincher Language,” Workers’ Comp Roundtable (North Carolina Advocates for Justice, March 7, 2014).
• “Workers’ Compensation Appellate Court Decisions since November 2012,” Workplace Torts & Workers’ Comp (North Carolina Advocates for Justice, December 6, 2013).
• “Medical Causation in Workers’ Compensation Cases,” Mountain Magic (North Carolina Advocates for Justice, October 18, 2013).
• “Appeals to the Full Commission,” Basics of Workers’ Compensation (North Carolina Advocates for Justice, September 27, 2013).
• Panel Discussion, Most Important Workers’ Compensation Cases of the Year, Convention (North Carolina Advocates for Justice, June 16, 2013).
• “Workers’ Compensation Appellate Court Decisions since November 2011,” Workplace Torts & Workers’ Comp (North Carolina Advocates for Justice, December 7, 2012).
• “The Mathematics of Workers’ Compensation,” 17th Annual North Carolina Workers’ Compensation Educational Conference (North Carolina Industrial Commission, October 11, 2012).
• Presentation on Death Benefits, Learning the Ropes—Workers’ Compensation Basics (North Carolina Advocates for Justice, October 5, 2012).
• “Appellate Practice in Workers’ Compensation Claims,” Workers’ Comp Roundtable (North Carolina Advocates for Justice, March 2, 2012).
• “It’s About Time: Calculations for Late Compensation and Penalty Payments,” Mountain Magic (North Carolina Advocates for Justice, October 2009).