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10/13/23  |  Medicare Set-Asides and Medicare Compliance

CMS Increasing Threshold for Liability Settlements – Fixed Percentage Option

The Fixed Percentage Option Threshold will Increase to $10,000.00 for Liability Settlements on October 2, 2023 says The Centers for Medicare & Medicaid Services (CMS) Since November 7, 2011, the Centers for

09/28/23  |  Workers’ Compensation

NC Legislature Clarifies ‘Extended Benefits’ Law

North Carolina’s Workers’ Comp Act, specifically N.C. Gen. Stat. 97-29(c), has a 500 week “cap” on entitlement to temporary total disability (TTD) benefits. The statute also provides an employee with the opportunity

05/30/23  |  Workers’ Compensation

COA Issues Opinion On Extended Benefits

The Court of Appeals Issues Its First Opinion on Extended Benefits The Court of Appeals has issued its first opinion on extended disability benefits, which came into being following the 2011 amendments

05/24/23  |  Medicare Set-Asides and Medicare Compliance

A Second Bite at the WCMSA Apple?

The Centers for Medicare & Medicaid Services (CMS) Removes Maximum Time Limit to use Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Amended Review Process Do you have cases that you cannot settle due

02/09/23  |  Workers’ Compensation

Recent Opinions at the Deputy Commissioner Level on COVID Claims

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

11/03/22  |  News and Events

Hedrick Gardner Recognized as a Best Law Firm by U.S. News – Best Lawyers® 2023

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

06/13/22  |  Workers’ Compensation

AB5: A New Standard for Worker Classification – Part 4

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

03/21/22  |  Workers’ Compensation

500 Weeks of TTD Benefits, Part 2

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

01/12/22  |  Medicare Set-Asides and Medicare Compliance

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

12/15/21  |  Workers’ Compensation

Calculating Average Weekly Wage With Multiple Jobs

“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