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Arrangement (WCMSA) Amended Review Process By Shannon Metcalf Do you have cases that you cannot settle due to an outdated, CMS-approved WCMSA?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 […]
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: […]
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 […]
by Joe D. Delfino In a recent publication, we discussed the issue of what standard the North Carolina Industrial Commission and North Carolina Courts would use to interpret the provision of the North Carolina Workers’ Compensation Act dealing with the 500-week cap on weekly TTD benefits. By way of review, for workers’ compensation claims arising […]
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 […]
All NC Industrial Commission (NCIC) Forms (except the EDI Form 19, Employer’s Report of Employee’s Injury to the [NC] Industrial Commission) must be filed via the NCIC’s Electronic Document Filing Portal (EDFP): www.ic.nc.gov/docfiling.html The NCIC will not accept Forms via any other method (i.e., via email, via fax, via USPS). The “Login” to the EDFP can be found […]
“When an employee who holds two separate jobs is injured in one of them, his compensation is based only upon his average weekly wages earned in the employment producing the injury.” Joyner v. A. J. Carey Oil Co., 266 N.C. 519, 521, 146 S.E.2d 447, 449 (1966), citing Barnhardt v. Yellow Cab Co., 266 N.C. […]
With regard to the Employer’s (Carrier’s/TPA’s) obligation to respond to notice from the Commission of the Employee’s filing (with the Commission) of their Form 18, Notice of Accident to Employer and Claim of Employee, the North Carolina Workers’ Compensation Act N.C.G.S. § 97-18(j) states: “When an employee files a claim for compensation with the Commission, the Commission may order […]
