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…
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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…
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…
Utilizing Pre-Hearing Depositions in NC Under N.C.G.S. § 97-80(d)
In North Carolina, unlike many other states, pre-hearing depositions are not automatically allowed under the North Carolina Workers’ Compensation Act.If you want to take a pre-hearing deposition, you need either (1) the…
The Role of Nurse Case Managers in North Carolina
Under the North Carolina Industrial Commission Rules, Nurse Case Managers are considered rehabilitation professionals as they manage medical cases and coordinate rehabilitation services. 11 NCAC 23C .0103(1).In performing their duties, Nurse Case…
Medicare Provides New Way to Terminate Ongoing Responsibility for Medicals (ORM)
The Centers for Medicare and Medicaid Services (CMS) issued an updated Section 111 NGHP User Guide – Version 6.4, on June 11, 2021. CMS will now allow the termination of ORM if the…
Are employees entitled to more than 500 weeks of benefits?
Before June 24, 2011, injured employees were eligible for lifetime Temporary Total Disability (TTD) benefits for the duration of their disability. In 2011, the North Carolina legislature passed revisions to the Workers’…
AB5: A New Standard for Worker Classification – Part 2
In our last article, we discussed the status and potential impact of AB5, a law recently passed in California which went into effect on January 1, 2020, addressing the classification of certain…
Austin Walsh and C. Rob Wilson Selected for Inclusion in 2021 Legal Elite
North Carolina – January 6, 2021. Hedrick Gardner is pleased to announce that Austin R. Walsh and C. Rob Wilson were selected for inclusion in Business North Carolina’s 2021 Legal Elite. Austin,…
Centers for Medicare and Medicaid Services (CMS) Maintains $750 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, judgments, awards, or other payments…