Skip Navigation
hero default

News

Filter By

06/07/24  |  Workers’ Compensation

Negligence, Even Gross Negligence, Will Not Bar a Worker’s Compensation Claim

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

06/03/24  |  Civil Litigation

Newly Added Rule 26(b)(4)(D) of the South Carolina Rules of Civil Procedure

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

04/05/24  |  Workers’ Compensation

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

03/31/24  |  News and Events

Wilson Litigation Team Obtains Summary Judgment in Premises Liability Matter 

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

03/12/24  |  News and Events

The Use of a Courtesy Defense for Former Employee Depositions and Trial Testimony: An Arrow in the Quiver, an Ethical Trap, or Both?

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

02/27/24  |  Medicare Set-Asides and Medicare Compliance

CMS to Demand Section 111 Reporting of Funds Set Aside for Future Medicals in Workers’ Compensation Settlements

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.,

02/26/24  |  News and Events

General Legislature Passes Significant Changes to Uninsured and Underinsured Motorist Law

By Allen C. Smith, Brooks P. Miller, Julianna Grant, and Austin R. Walsh On September 22, 2023, Senate Bill 452, An Act to Make Various Changes to the Insurance Laws of North

01/30/24  |  News and Events

Rob Wilson Appointed as Hedrick Gardner’s Raleigh Office Managing Partner

January 2024 — Hedrick Gardner Kincheloe & Garofalo LLP is proud to announce Rob Wilson has been appointed as the firm’s new managing partner of its Raleigh office, effective January 1, 2024.

01/18/24  |  Medicare Set-Asides and Medicare Compliance

The Centers for Medicare and Medicaid Services (CMS) Confirms Civil Monetary Penalty (CMP) Rules Regarding Mandatory Insurer Reporting for Non-Group Health Plans (NGHP)

CMS held a webinar on January 18, 2024, where it provided clarification of the rules regarding the issuance of CMPs for late Section 111 reporting of the ongoing responsibility for medicals (ORM)

01/17/24  |  News and Events

Hedrick Gardner Announces Attorney Promotions

North Carolina – January 2024.  Hedrick Gardner Kincheloe & Garofalo LLP, a leading regional litigation and dispute management law firm, is pleased to announce the promotion of five attorneys to special counsel