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Court of Appeals Reaches Unanimous Decision in Favor of Firm Client

The NC Court of Appeals reached a unanimous decision in favor of the North Carolina State Board of Chiropractic Examiners, represented by Administrative Law partner Anna Baird Choi and associate Grant Simpkins. The Court of Appeals affirmed the Board’s findings that the chiropractor engaged in unethical conduct, negligence, and failed to render acceptable care in […]

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Hot Topic: Temperature-Related Injuries and NC Workers’ Compensation Law

In North Carolina, temperature related injuries, such as heat strokes, are generally considered compensable injuries “where the employment subjects [an individual] to a special or particular hazard from the elements, such as excessive heat or cold, likely to produce sunstroke or freezing …” Fields v. Tompkins- Johnston Plumbing Co., 224 N.C. 841, 842-43, 32 S.E.2d […]

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Celebrating the Remarkable Career of Judge Linda Stephens

Throughout her extraordinary four-decade career, Judge Linda Stephens has made a lasting impact on the legal profession in North Carolina. Following her retirement, her legacy as a trailblazer, mentor, and exemplary attorney will continue to inspire us all. Linda’s journey is one of pioneering achievements. From being the first in her family to graduate high […]

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Hedrick Gardner Attorneys Selected for Inclusion in 2022 North Carolina Super Lawyers

North Carolina – January 13, 2022. Four attorneys from Hedrick Gardner were selected to the 2022 North Carolina Super Lawyers® list and four were selected as Rising Stars for 2022. Additionally, Patricia P. Shields was listed on the Top 25 Raleigh Super Lawyers list, the Top 50 Women North Carolina Super Lawyers list, and the Top 100 North […]

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Hedrick Gardner Announces Attorney Promotions

Hedrick Gardner Kincheloe & Garofalo LLP, a leading regional litigation and dispute management law firm, is pleased to announce the promotions of Erika Eisenoff, Ross Bromberger, William Whitehead, Marcy Lamar, Emily Pappas, and Amanda Brookie McDonald. “These 6 individuals perform excellent work for our clients,” said Hedrick Gardner’s managing partner Paul Lawrence. “We are excited to see their continued […]

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Calculating Average Weekly Wage With Multiple Jobs

“When an employee who holds two separate jobs is injured in one of them, his compensation is based only upon his average weekly wages earned in the employment producing the injury.” Joyner v. A. J. Carey Oil Co., 266 N.C. 519, 521, 146 S.E.2d 447, 449 (1966), citing Barnhardt v. Yellow Cab Co., 266 N.C. […]

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Avoiding a $400 Sanction: Responding to Notice From the Commission of a Form 18/Claim Being Filed

With regard to the Employer’s (Carrier’s/TPA’s) obligation to respond to notice from the Commission of the Employee’s filing (with the Commission) of their Form 18, Notice of Accident to Employer and Claim of Employee, the North Carolina Workers’ Compensation Act N.C.G.S. § 97-18(j) states: “When an employee files a claim for compensation with the Commission, the Commission may order […]

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Form 90 Best Practice

Per North Carolina Rule 903(a) “A self-insured employer, carrier, or third-party administrator may require the employee who has filed a claim and is receiving wage loss benefits under N.C.G.S. § 97-29 or N.C.G.S. § 97-30 to complete a Form 90 Report of Earnings when reasonably necessary but not more than once every six months.” The best […]

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