Effective Dec. 1, 2020, the North Carolina Industrial Commission has revised the filing requirement that triggers the submission of a Form 19, Employer’s Report of Employee’s Injury or Occupational Disease to the Industrial Commission. Specifically, the Commission increased the Form 19 filing threshold for medical compensation paid from $2,000 to $4,000. The revised rule – 11 NCAC […]
One issue that has come up numerous times in the setting of the trucking and transportation industries is the classification of workers as either employees or independent contractors. Concerned with workers who werebeing misclassified as independent contractors and who were not getting the benefits afforded to employees, the State of California passed a law, which […]
Proving a Compensable Occupational Disease in North CarolinaUnder the North Carolina Workers’ Compensation Act, generally speaking, there are two types of occupational diseases, each with their own standard of proof: Those specifically enumerated in N.C.G.S. §97-53; and Those covered by the statute’s “catchall” provision in N.C.G.S. §97-53(13): “Any disease, other than hearing loss covered in […]
In our last post, we discussed the issues posed by ERISA liens and how the presence of an ERISA lien can complicate a potential settlement. Another similar issue that complicates settlements is the potential presence of a Medicare lien. This applies to workers’ compensation and liability cases. The Medicare Secondary Payer Act (MSPA), 42 U.S.C. […]
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans. In the context of workers’ compensation claims or civil litigation, the subject of ERISA is usually raised when an […]
Hedrick Gardner attorney Jeff Kadis was featured in the summer issue of the Workers’ Compensation magazine answering questions on how to best control medical costs. Questions covered topics including opioid abuse, success stories turning around expensive medical claims, and tools to control medical costs. To read Jeff’s responses and the entire article, click here. […]
