On January 8, 2025, the South Carolina Supreme Court issued an opinion holding that a first-party insured who alleges bad faith against their UIM carrier cannot also maintain a separate cause of action for negligence. In Hood v. United Services Auto Association, the plaintiff Therese Hood (“Hood”) originally brought suit against Antonie Johnson (“Johnson”) for […]
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 […]
by Madison Mitchell 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 […]
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 […]
Congratulations to the following Hedrick Gardner attorneys selected for inclusion in Business North Carolina’s Legal Elite for 2025. M. Duane Jones – Appellate Catherine E. Lee – Employment Allen C. Smith – Litigation This year’s Legal Elite is the 24th edition honoring lawyers selected by their peers. Click here to view the ranking methodology.
Hedrick Gardner is pleased to announce the promotion of six attorneys across its offices. “These attorneys consistently deliver outstanding results for our clients,” said Paul Lawrence, managing partner at Hedrick Gardner. “Their dedication and stellar client service continue to drive our firm’s success.” The following attorneys have been elevated to partner: Additionally, four attorneys have […]
The North Carolina Supreme Court issued a broad opinion in North State Deli v. Cincinnati Ins. Co. on December 13, 2024, where it broke from the vast majority of jurisdictions and determined that COVID shutdown orders constituted a “direct physical loss” triggering first-party property coverage and recovery of supplemental business income. Importantly, “direct physical loss” […]
On Friday, December 13, 2024, our Supreme Court issued a decision in Sturdivant v. N. Carolina Dep’t of Pub. Safety, which affirmed what the North Carolina Legislature has already confirmed: the “total loss of wage-earning capacity” required for an employee to qualify for extended disability benefits (beyond 500 weeks) means “the complete elimination of the capacity […]
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 2024 was $750.00. On December 16, 2024, CMS announced the same […]
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 […]
