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10 Hedrick Gardner Attorneys Included in 2025 North Carolina Super Lawyers and Rising Stars Lists

Hedrick Gardner is pleased to announce that six of our attorneys were included in the 2025 edition of North Carolina Super Lawyers® and four were included in North Carolina Rising Stars®, both published by Thomson Reuters. Attorneys included in the 2025 North Carolina Super Lawyers List are: Attorneys included in the 2025 North Carolina Rising […]

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Negligence & Bad Faith Claims in South Carolina

On January 8, 2025, the South Carolina Supreme Court issued an opinion holding that a first-party insured who alleges bad faith against their UIM carrier cannot also maintain a separate cause of action for negligence. In Hood v. United Services Auto Association, the plaintiff Therese Hood (“Hood”) originally brought suit against Antonie Johnson (“Johnson”) for […]

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CMS Issues Major Change Impacting Zero-Dollar WCMSA Allocations!

On January 17, 2025, CMS issued Version 4.2 of the Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide, linked here. This guide provides guidance to the industry on the process used by CMS for approving proposed WCMSAs. Version 4.2 provided several important updates. Effective July 17, 2025, CMS will no longer accept or review WCMSA […]

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Winter Workplace Hazards: Understanding Workers’ Compensation Claims in North Carolina 

As winter sets in and temperatures drop, hazardous conditions emerge making surfaces like parking lots, walkways, and floors more slippery and dangerous. This increase in slick surfaces significantly raises the risk of slips and falls, often resulting in workers’ compensation claims. Additionally, employees who work for extended periods in cold environments such as warehouse workers […]

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Winter Weather and Workers’ Comp: When Are Travel-Related Injuries Compensable? 

by Salvatore Popolillo III Winter weather presents several hazards for business owners, including slippery roads.     Under the North Carolina Workers’ Compensation Act (“Act”), the ‘coming and going’ rule generally states that an employee’s injury while traveling to or from work is not compensable. However, there are multiple exceptions to the ‘coming and going’ rule which may […]

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Hedrick Gardner Announces Attorney Promotions

Hedrick Gardner is pleased to announce the promotion of six attorneys across its offices. “These attorneys consistently deliver outstanding results for our clients,” said Paul Lawrence, managing partner at Hedrick Gardner. “Their dedication and stellar client service continue to drive our firm’s success.” The following attorneys have been elevated to partner: Additionally, four attorneys have […]

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North Carolina Supreme Court Determines COVID Shutdown Orders Constituted a “Direct Physical Loss”

The North Carolina Supreme Court issued a broad opinion in North State Deli v. Cincinnati Ins. Co. on December 13, 2024, where it broke from the vast majority of jurisdictions and determined that COVID shutdown orders constituted a “direct physical loss” triggering first-party property coverage and recovery of supplemental business income. Importantly, “direct physical loss” […]

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The Supreme Court Affirms Extended Benefits Standard

On Friday, December 13, 2024, our Supreme Court issued a decision in Sturdivant v. N. Carolina Dep’t of Pub. Safety, which affirmed what the North Carolina Legislature has already confirmed: the “total loss of wage-earning capacity” required for an employee to qualify for extended disability benefits (beyond 500 weeks) means “the complete elimination of the capacity […]

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Centers for Medicare and Medicaid Services (CMS) Maintains $750.00 “Low Dollar” Reporting Threshold

The SMART Act requires CMS to annually review the costs associated with the collection of Medicare conditional payments and set forth a threshold amount applicable to settlements, judgements, awards, or other payments (TPOC amount) for which it will not seek recovery. The threshold amount for 2024 was $750.00. On December 16, 2024, CMS announced the same […]

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