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Appellate Advocacy

Supreme Court Limits Compensability of Weight Loss Treatment Recommended for Injured Employees

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, […]

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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 2023 was $750.00. On February 14, 2024, CMS announced the […]

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Hedrick Gardner Recognized as a Best Law Firm by U.S. News – Best Lawyers® 2024

November 2, 2023. Hedrick Gardner Kincheloe & Garofalo LLP received several top rankings in the U.S. News – Best Lawyers® 2024 “Best Law Firms” report. The firm received Tier 1 regional rankings, the highest category awarded, in eight categories. The full firm report is as follows: Metropolitan Tier 1 Charlotte: Raleigh: Columbia (SC): Metropolitan Tier 2 Charlotte: […]

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NC Legislature Clarifies ‘Extended Benefits’ Law

North Carolina’s Workers’ Comp Act, specifically N.C. Gen. Stat. 97-29(c), has a 500 week “cap” on entitlement to temporary total disability (TTD) benefits. The statute also provides an employee with the opportunity to apply for extended TTD benefits beyond 500 weeks, upon a showing that the employee has suffered from a “total loss of wage-earning […]

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Hedrick Gardner Recognized as a Best Law Firm by U.S. News – Best Lawyers® 2023

November 3, 2022. Hedrick Gardner Kincheloe & Garofalo LLP received several top rankings in the U.S. News – Best Lawyers® 2023 “Best Law Firms” report. The firm received Tier 1 regional rankings, the highest category awarded, in eight categories. The full firm report is as follows: Metropolitan Tier 1 Charlotte: Raleigh: Columbia (SC): Metropolitan Tier 2 Charlotte: […]

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