Joe Austin is the leader of the firm's workers' compensation practice group. Joe joined Young Moore and Henderson in 1990 and has represented individuals and business clients throughout North Carolina in all types of workers' compensation matters since that time.

Joe's experience includes hundreds of trials and appeals before the North Carolina Industrial Commission and the state appellate courts. Although Joe handles all types of workers' compensation disputes, he has developed significant experience in coverage disputes and in occupational disease claims, particularly in the context of repetitive motion and cumulative trauma disorders. Also, a large part of Joe's practice involves the management of difficult cases where benefits are already being paid. In order to help serve the firm's clients, Joe is also routinely involved in the presentation of continuing education programs for workers' compensation adjusters.

Joe has been certified as a specialist in workers' compensation law by the North Carolina State Bar's Board of Legal Specialization. In addition, Joe became a certified mediator in 1998 and has conducted mediations on a regular basis since that time.

Joe and his wife are both Christians and live in Cary with their two children. They are members of First Baptist Church, where Joe has served as a deacon and in various other capacities. Joe also serves as Chairman of the Board of Directors of Grace Christian School in Raleigh.

Reported Decisions:

• Johnson v. Southern Tire Sales and Serv., 358 N.C. 701, 599 S.E.2d 508 (2004) (burden of proof on issue of disability and constructive refusal of suitable employment).
• Segovia v. J.L. Powell & Co., 167 N.C. App. 354, 608 S.E.2d 557 (2004) (employee who is unable to work solely due to economic conditions is not entitled to compensation for disability).
• Parker v. Wal-Mart Stores, Inc., 156 N.C. App. 209, 576 S.E.2d 112 (2003) (employee is not entitled to award for disability compensation where there is no finding that employee is unable to earn wages in the same or any other employment).
• Cialino v. Wal-Mart Stores, Inc., 156 N.C. App. 463, 577 S.E.2d 345 (2003) (employee is not entitled to presumption of ongoing disability unless there has been a prior determination of disability and rebuttal of presumption in favor of ongoing causation).
• Scurlock v. Durham County General Hospital, 136 N.C. App. 144, 523 S.E.2d 439 (1999) (employee has burden of proving willingness to cooperate with rehabilitation after benefits are suspended).
• Royce v. Rushco Food Stores, Inc., 139 N.C. App. 322, 533 S.E.2d 284 (2000) (presumption of disability ends when employee returns to work and employee must prove more than being released to work with restrictions to establish disability).
• Perez v. American Airlines/AMR Corp., 360 N.C. 587, 634 S.E. 2d 887 (2006) (direct payment of disability benefits without award of Industrial Commission does not constitute final award such that employee is required to prove change in condition to recover additional compensation).
• Knight v. Wal-Mart Stores, Inc., 149 N.C. App. 1, 562 S.E.2d 434 (2002), aff'd, 357 N.C. 44, 577 S.E.2d 620 (2003) (proof of disability and significance of maximum medical improvement).
• Hansen v. Crystal Ford-Mercury, Inc., 138 N.C. App. 369, 531 S.E.2d 867, disc. rev. denied, 353 N.C. 263, 546 S.E.2d 94 (2000) (health insurance carrier's right to intervene in workers' compensation proceedings).
• Johnson v. First Union Corp., 351 N.C. 339, 525 S.E.2d 171 (2000) (denial of tort liability for employer, carrier, rehabilitation vendor and their employees for actions undertaken in connection with workers' compensation claim).
• Strickland v. Carolina Classics Catfish, Inc., 119 N.C. App. 97, 458 S.E. 2d 10 (1995), aff'd, 342 N.C. 640, 466 S.E. 2d 276 (1996) (sufficiency of evidence refuting intoxication as proximate cause of injury).
• Craft v. Bill Clark Constr. Co., 123 N.C. App. 777, 474 S.E. 2d 808, disc. rev. denied, 345 N.C. 179, 479 S.E. 2d 203 (1996) (computation of average weekly wages).
• Strickland v. Carolina Classics Catfish, Inc., 127 N.C. App. 615, 492 S.E. 2d 362 (1997), disc. rev. denied, 347 N.C. 585, 502 S.E. 2d 617 (1998) (calculation of death benefits).
• Effingham v. Kroger Co., 149 N.C. App. 105, 561 S.E.2d 287 (2002) (burden of proof on issue of disability and classification of benefits as permanent or temporary).
• Harvey v. Cedar Creek BP, 149 N.C. 873, 562 S.E.2d 80 (2002) (sanctions for failure to appear at scheduled hearing).
• Brown v. Kroger Co., 169 N.C. App. 312, 610 S.E.2d 447 (2005) (increase in compensation due to OSHA violation)
• Hunt v. Tender Loving Care Home Health Care Agency, 153 N.C. App. 266, 569 S.E.2d 675 (2002) (health care worker's injury sustained in motor vehicle accident while traveling home from patient's residence is not compensable).