The Court of Appeals Issues Its First Opinion on Extended Benefits By Duane Jones The Court of Appeals has issued its first opinion on extended disability benefits, which came into being following the 2011 amendments to N.C.G.S. § 97-29(c). In Sturdivant v. N.C. Dept. of Public Safety, COA22-421 (April 18, 2023), the Court held that […]
The Centers for Medicare & Medicaid Services (CMS) Removes Maximum Time Limit to use Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Amended Review Process By Shannon Metcalf Do you have cases that you cannot settle due to an outdated, CMS-approved WCMSA? If so, there is good news as CMS has changed the Amended Review process to […]
By Brooke A. Mulenex; Kendra D. Roberts The Industrial Commission has issued two Opinions at the Deputy Commissioner level on COVID claims. Both claims involve pro-se claimants and there was no expert testimony; both claims were denied and no benefits were awarded. While both were in Defendant’s favor, the true value of these decisions is […]
January 18, 2023. Six attorneys from Hedrick Gardner were selected to the 2023 North Carolina Super Lawyers® list and four were selected as Rising Stars for 2023. Additionally, Patricia P. Shields was listed on the Top 50 Women North Carolina Super Lawyers list. The Hedrick Gardner attorneys selected to the 2023 North Carolina Super Lawyers list are: M. Duane Jones, Appellate Mel […]
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: […]
CHARLOTTE, October 1, 2022 — Hedrick Gardner Kincheloe & Garofalo announced today that the attorneys of Nichols, Choi, and Lee have joined Hedrick Gardner’s civil team to further strengthen service capabilities to mutually benefit both firms and their clients. Through this union, Hedrick Gardner welcomes four new attorneys to the firm’s Litigation Group. M. Jackson […]
North Carolina – August 18, 2022. Hedrick Gardner is pleased to announce that 19 attorneys were selected by their peers for inclusion in The Best Lawyers in America© 2023. Jeffrey A. Kadis was named the Best Lawyers® 2023 Charlotte Worker’s Compensation Law – Employers “Lawyer of the Year, ” and Mel J. Garofalo was named the […]
by Joe D. Delfino In several of our most recent articles, we discussed the potential impact of AB5 (California Labor Code § 2775); a law passed in California which went into effect on January 1, 2020 and addressed the classification of certain workers as either employees or independent contractors. Since the passage of AB5, there […]
Allen C. Smith, Austin R. Walsh On 3/1/22, the Department of Labor (DOL) announced a partnership with the American Trucking Association (ATA) to participate in the Biden Administration’s 90-day Trucking Apprenticeship Challenge, which is a part of the Administration’s Trucking Action Plan (TAP). To date, over 100 employers have accepted the Challenge that has resulted […]
by Austin Walsh On 5/3/22, the North Carolina Court Appeals published its decision in Tutterow v. Hall, et al. and changed the way Underinsured Motorist (UIM) carriers calculate the coverage available for UIM claims. The holding gives UIM carriers a credit for all liability policies when tendered, not just the first liability policy that offers […]
