Brinkley Walser - 125 Years of Dedication and Service:

This year marks Brinkley Walser’s 125th anniversary of providing legal representation to the people of Lexington, North Carolina and surrounding areas. The firm had its beginning 1886, when Zeb Vance Walser of Davidson County was admitted to the Bar of North Carolina and began to practice law in Lexington. Since that time, this practice has been continued by him, his partners and successors without interruption. Learn more about the firm’s history on our website HERE.

“We at Brinkley Walser are very proud of our history and plan to celebrate our 125th anniversary with 125 days of activities to reaffirm our dedication to service and to this community,” says managing member David Inabinett. Watch for information over the next few months on the Brinkley Walser website and in the news for more details!

When Lightning Strikes:
by G. Thompson Miller,  Member

What happens when an employee is struck by lightning while on the job? Is the employee entitled to workers’ compensation benefits?

The answer is “maybe.” It depends upon whether or not the employment has placed the employee at an increased risk of sustaining injuries due to lightning. A case illustrating this point is Heatherly v. Hollingsworth Co. decided by the North Carolina Court of Appeals on April 19, 2011. In that case the court upheld an award which concluded that because Plaintiff was working at a high elevation that had a metal roof and an unfinished garage with no doors, and he was near metal and electrically charged objects such as the electrical drop cord and other tools and equipment used in furtherance of his work, his employment placed him at an increased risk of sustaining injuries due to lightning greater than members of the general public in that neighborhood, and therefore, the danger to which he was exposed was incident to his employment.

The outcome could be different if, for example, an employee was working inside a home painting a wall if the employee was not placed at an increased risk as compared to other residents in the neighborhood.

The principle of increased risk is also applied in a number of other situations. For example, in one case the employee was denied compensation because he failed to show an increased risk of a bee sting from his employment. In that case the sting aggravated a cardiac condition requiring hospitalization and surgery.

It all depends upon the element of increased risk.

Client Testimonial - disability and elder care planning:

"My husband went out on State disability in 2000. We were hopeful that he would be able to return to teaching, but after two years, we realized that was going to be impossible. After being turned down twice by Social Security, we decided it was time for legal help. We had two requirements: 1. personal service and 2. a local attorney.

We went to Brinkley Walser and were referred to Thompson Miller. For the next two years, he fought for us. We had an initial visit with him at the office, then every month he would contact us. He wanted to know how my husband was doing and if there were any medical changes. The Social Security office in Charlotte moved during our wait, which made the wait even longer. When our appointment day arrived, Mr. Miller drove us to Charlotte. It amazed me as we sat in the waiting room to see attorneys arrive who had never met their clients face to face. One was taking notes on the side of a newspaper. Mr. Miller had all of the files he needed, with certain places marked for easy access. Our session with the judge was successful and my husband was awarded Social Security. It was only later that I saw in the paper that Mr. Miller's son had been sworn in as a lawyer. The remarkable thing is that his son is visually impaired. The entire time Mr. Miller fought for us, he was facing the crisis of his son losing his eye sight---and it never interfered with our case. It is no wonder that we also use this firm for our estate planning/last will and testament.

David Inabinett was also the attorney my mother-in-law used. He came to her when her physical condition did not allow her to travel. Our recent work with him on wills, power of attorney, etc went so smoothly and my husband and I can rest easier knowing our children will not be faced with major problems. This local firm is very client oriented. We will return to them if there are future needs."

- Tony and Karen Koontz, Welcome, NC

Today's Law Practiced with Small Town Tradition

Brinkley Walser, PLLC is a firm based  upon a strong tradition since 1886.  A tradition of extraordinary service and attention, a total commitment to our clients.  A tradition of providing the most up-to-date knowledge of the law coupled with good common sense that promotes a solution that is in the best interest of the client.  A tradition of service not only to our clients, but to the community.  A tradition of providing expert, affordable legal advice to almost every area of the law.  The tradition started in 1886 and continues with the dedicated team of men and women who make up today's Brinkley Walser. Visit our facebook page at www.facebook.com/brinkleywalser