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N.C. Farm Bureau v. Dana: Bringing Common Sense Back to Underinsured Motorist Law

by Austin R. Walsh North Carolina – On 12/17/21, the NC Supreme Court issued its opinion in North Carolina Farm Bureau Mut. Ins. Co., Inc. v. Dana i, which clarifies the maximum underinsured motorist (UIM) coverage available to claimants regardless of whether the liability coverage was exhausted based on the per-person or per-accident policy limits. […]

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Hedrick Gardner Attorneys Selected for Inclusion in 2022 North Carolina Super Lawyers

North Carolina – January 13, 2022. Four attorneys from Hedrick Gardner were selected to the 2022 North Carolina Super Lawyers® list and four were selected as Rising Stars for 2022. Additionally, Patricia P. Shields was listed on the Top 25 Raleigh Super Lawyers list, the Top 50 Women North Carolina Super Lawyers list, and the Top 100 North […]

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Medicare Aims to Shut Down Non-CMS-Approved WCMSAs

The Centers for Medicare and Medicaid Services (CMS) issued an updated Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide – Version 3.5, on January 10, 2022. In that Reference Guide, CMS reiterated that submitting a WCMSA proposal for review is never required, but is recommended, as the WCMSA review process is “the only process that […]

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Hedrick Gardner Announces Attorney Promotions

Hedrick Gardner Kincheloe & Garofalo LLP, a leading regional litigation and dispute management law firm, is pleased to announce the promotions of Erika Eisenoff, Ross Bromberger, William Whitehead, Marcy Lamar, Emily Pappas, and Amanda Brookie McDonald.   “These 6 individuals perform excellent work for our clients,” said Hedrick Gardner’s managing partner Paul Lawrence. “We are excited to see their […]

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AB5: A New Standard for Worker Classification – Part 3

In several recent articles, we discussed the potential impact of AB5 (now referred to as California Labor Code § 2775). The law went into effect on January 1, 2020, addressing the classification of workers as employees or independent contractors.  Several lawsuits were filed challenging AB5. In one the California Trucking Association filed a lawsuit contending […]

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Hedrick Gardner Recognized as a Best Law Firm by U.S. News – Best Lawyers® 2022

November 4, 2021. Hedrick Gardner Kincheloe & Garofalo LLP received several top rankings in the U.S. News – Best Lawyers® 2022 “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: Insurance Law Personal Injury Litigation – Defendants […]

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Hedrick Gardner Attorneys Selected for Inclusion in The Best Lawyers in America© 2022

North Carolina – August 19, 2021. Hedrick Gardner is pleased to announce that 20 attorneys were selected by their peers for inclusion in The Best Lawyers in America© 2022. Jeffrey H. Blackwell was named the Best Lawyers® 2022 Wilmington Personal Injury Litigation – Defendants “Lawyer of the Year. ” Best Lawyers named a single attorney in each […]

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Medicare Provides New Way to Terminate Ongoing Responsibility for Medicals (ORM)

The Centers for Medicare and Medicaid Services (CMS) issued an updated Section 111 NGHP User Guide – Version 6.4, on June 11, 2021. CMS will now allow the termination of ORM if the following criteria are met. Where there is no practical likelihood of associated future medical treatment, which is reflected by meeting ALL of the following: […]

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Are employees entitled to more than 500 weeks of benefits?

Before June 24, 2011, injured employees were eligible for lifetime Temporary Total Disability (TTD) benefits for the duration of their disability. In 2011, the North Carolina legislature passed revisions to the Workers’ Compensation Act. One of the revisions altered N.C. Gen. Stat. § 97-29(b), which now states: The employee shall not be entitled to compensation […]

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DOT/FMCSA – Noteworthy Updates

On 2/3/2021, Pete Buttigieg was sworn in as the 19th Secretary of Transportation. On 1/20/2021, President Biden issued an executive order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. On 4/22/2021, in response to PresidentBiden’s executive Order, the National Highway Traffic Safety Administration (NHTSA) proposedwithdrawing the SAFE I […]

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