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’…
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…
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…
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…
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…
Under 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…
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 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…
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…
