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 […]
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 […]
Hedrick Gardner is pleased to announce that one of our attorneys and two practice groups are ranked in the 2024 edition of Chambers USA, a highly regarded legal industry guide. Patricia Shields is ranked in Litigation: General Commercial in North Carolina. A highly experienced trial and appellate attorney, Tricia’s practice focuses on civil litigation. She […]
The North Carolina Industrial Commission has released updated instructions for employers, carriers, and third party administrators completing the IC File Number Field when filing documents electronically. This new protocol streamlines the filing process, allowing documents to be submitted even without an assigned IC file number. The Industrial Commission has advised that Employers/Carriers/TPAs/Counsel should now: The […]
The North Carolina Supreme Court has long recognized that an employee’s injury caused by their own negligence act, cannot, in itself, bar their workers’ compensation claim. This principle is outlined in Hartley v. N.C. Prison Department, 258 N.C. 287, 128 S.E.2d 598 (1962). In that case, Mr. Hartley, a prison guard, was on his way […]
Excluding Expert Exchanges: Protecting Attorney-Expert Communications Recently, the South Carolina Rules of Civil Procedure were amended to add a protection that is already recognized by federal courts: the Attorney-Expert protection. The newly added Rule 26(b)(4)(D) of the South Carolina Rules of Civil Procedure, which is short-titled, “Trial-Preparation Protection for Communications Between a Party’s Attorney and […]
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, […]
Hedrick Gardner Partner Rob Wilson and Associate Tatiana Terry obtained summary judgment for the owner of an apartment complex in a premises liability case. The case involved a thorough analysis of the recent decision by the North Carolina Supreme Court in Draughon v. Evening Star Holiness Church of Dunn, 374 N.C. 479, 487, 843 S.E.2d 72, […]
During the recent Federation of Defense and Corporate Counsel (FDCC) Winter Meeting in St. Petersburg, Florida, Partner, Luke Sbarra, moderated a two-day presentation on February 26th and 27th focusing on the benefits and practical and ethical issues of using a courtesy defense to represent former employees in litigation against your client. Industry and attorney members […]
The Centers for Medicare and Medicaid Services (CMS) is expanding the existing Section 111 reporting process to capture information on all workers’ compensation claims involving Medicare beneficiaries that receive a settlement (i.e., TPOC) and funding for a Workers’ Compensation Medicare Set-Aside (WCMSA), regardless of whether the workers’ compensation settlement was reported to CMS under the […]
