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Hidden Fees – The NC Second Injury Fund

No one likes hidden fees – especially when they show up after you thought a claim was fully resolved. Unfortunately, that’s exactly what can happen under North Carolina’s Second Injury Fund statute. Under N.C. Gen. Stat. § 97-40.1, the North Carolina Industrial Commission has the authority to assess a fee to be paid by Defendants (employers, carriers, and […]

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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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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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Court of Appeals Reaches Favorable Decision for Firm Client

The NC Court of Appeals reached a decision in favor of the North Carolina Board of Architecture and Registered Interior Designers, represented by our attorneys, Grant Simpkins and M. Jackson Nichols. The case centered on Robert Ward Ferris’s petition for judicial review of a Board decision finding him in violation of architectural practice statutes. The […]

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Hedrick Gardner Included in 2025 Edition of Best Law Firms 

Hedrick Gardner is pleased to announce our inclusion in the 2025 edition of Best Law Firms®, published by Best Lawyers®.  The firm earned the following 15 metropolitan rankings:   Metropolitan Tier 1  Charlotte  Raleigh  Columbia  Metropolitan Tier 2  Raleigh  Metropolitan Tier 3  Charlotte  Raleigh  Asheville  The rankings are based on client feedback, peer reviews from attorneys, […]

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Tricia Shields Receives John B. McMillan Distinguished Service Award

We are proud to announce that Tricia Shields has been selected to receive the prestigious John B. McMillan Distinguished Service Award from the North Carolina State Bar. Established in 2009, this distinguished award recognizes current and retired members of the State Bar who have demonstrated exemplary service to the legal profession and their communities. Recipients […]

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Providing Death Benefits to Children Born Out of Wedlock: A “Legitimate” Issue

by Salvatore Popolillo III Children born out of wedlock is a growing trend in the United States.1 According to recent statistics published by the North Carolina Department of Health and Human Safety, from January through March 2024 more than 40% of children born in North Carolina were born out of wedlock.2 Given this statistic, it is foreseeable that, […]

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