On Friday March 22, 2024, the Supreme Court issued a favorable decision for the defense in Kluttz-Ellison v. Noah’s Playloft Preschool, No. 173PA22 (N.C. 2024). Lindsay Wikle and Duane Jones from Hedrick Gardner represented Defendants. The Supreme Court provided a test to determine whether requested medical treatment is “directly related” to the original compensable injury, […]
Hedrick Gardner Partner Rob Wilson and Associate Tatiana Terry obtained summary judgment for the owner of an apartment complex in a premises liability case. The case involved a thorough analysis of the recent decision by the North Carolina Supreme Court in Draughon v. Evening Star Holiness Church of Dunn, 374 N.C. 479, 487, 843 S.E.2d 72, […]
During the recent Federation of Defense and Corporate Counsel (FDCC) Winter Meeting in St. Petersburg, Florida, Partner, Luke Sbarra, moderated a two-day presentation on February 26th and 27th focusing on the benefits and practical and ethical issues of using a courtesy defense to represent former employees in litigation against your client. Industry and attorney members […]
The Centers for Medicare and Medicaid Services (CMS) is expanding the existing Section 111 reporting process to capture information on all workers’ compensation claims involving Medicare beneficiaries that receive a settlement (i.e., TPOC) and funding for a Workers’ Compensation Medicare Set-Aside (WCMSA), regardless of whether the workers’ compensation settlement was reported to CMS under the […]
By Allen C. Smith, Brooks P. Miller, Julianna Grant, and Austin R. Walsh On September 22, 2023, Senate Bill 452, An Act to Make Various Changes to the Insurance Laws of North Carolina, to Amend the Insurance Rate-Making Laws, and To Revise High School Interscholastic Athletics, was presented to Governor Roy Cooper for signature. Because […]
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 2023 was $750.00. On February 14, 2024, CMS announced the […]
NC Industrial Commission Unveiling New Integrated Case Management System
January 2024 — Hedrick Gardner Kincheloe & Garofalo LLP is proud to announce Rob Wilson has been appointed as the firm’s new managing partner of its Raleigh office, effective January 1, 2024. Wilson will succeed Patricia Shields, who has served as managing partner since 2021. In his new role, Wilson is committed to continue the […]
CMS held a webinar on January 18, 2024, where it provided clarification of the rules regarding the issuance of CMPs for late Section 111 reporting of the ongoing responsibility for medicals (ORM) and total payment obligations to a claimant (TPOC). The PowerPoint presentation should be posted on CMS’ website in two weeks. In sum, the […]
North Carolina – January 2024. Hedrick Gardner Kincheloe & Garofalo LLP, a leading regional litigation and dispute management law firm, is pleased to announce the promotion of five attorneys to special counsel across the firm’s offices. “We are proud to recognize the hard work and client dedication this group of attorneys has demonstrated,” said Hedrick […]
