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12/15/21  |  Workers’ Compensation

Avoiding a $400 Sanction: Responding to Notice From the Commission of a Form 18/Claim Being Filed

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

12/15/21  |  Workers’ Compensation

Form 90 Best Practice

Per North Carolina Rule 903(a) “A self-insured employer, carrier, or third-party administrator may require the employee who has filed a claim and is receiving wage loss benefits under N.C.G.S. § 97-29 or

12/15/21  |  Workers’ Compensation

Utilizing Pre-Hearing Depositions in NC Under N.C.G.S. § 97-80(d)

In North Carolina, unlike many other states, pre-hearing depositions are not automatically allowed under the North Carolina Workers’ Compensation Act.If you want to take a pre-hearing deposition, you need either (1) the

12/14/21  |  Workers’ Compensation

The Role of Nurse Case Managers in North Carolina

Under the North Carolina Industrial Commission Rules, Nurse Case Managers are considered rehabilitation professionals as they manage medical cases and coordinate rehabilitation services. 11 NCAC 23C .0103(1).In performing their duties, Nurse Case

06/21/21  |  Medicare Set-Asides and Medicare Compliance

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

06/10/21  |  Workers’ Compensation

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’

02/09/21  |  Workers’ Compensation

AB5: A New Standard for Worker Classification – Part 2

In our last article, we discussed the status and potential impact of AB5, a law recently passed in California which went into effect on January 1, 2020, addressing the classification of certain

12/03/20  |  Medicare Set-Asides and Medicare Compliance

Centers for Medicare and Medicaid Services (CMS) Maintains $750 Reporting Threshold

The SMART Act requires CMS to annually review the costs associated with the collection of Medicare conditional payments and set forth a threshold amount applicable to settlements, judgments, awards, or other payments

12/01/20  |  Workers’ Compensation

NC Commission Revises Form 19 (FROI) Filing Requirement

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

10/15/20  |  Workers’ Compensation

AB5: A New Standard for Worker Classification

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