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Court of Appeals Reaches Unanimous Decision in Favor of Firm Client

The NC Court of Appeals reached a unanimous decision in favor of the North Carolina State Board of Chiropractic Examiners, represented by Administrative Law partner Anna Baird Choi and associate Grant Simpkins. The Court of Appeals affirmed the Board’s findings that the chiropractor engaged in unethical conduct, negligence, and failed to render acceptable care in […]

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Hot Topic: Temperature-Related Injuries and NC Workers’ Compensation Law

In North Carolina, temperature related injuries, such as heat strokes, are generally considered compensable injuries “where the employment subjects [an individual] to a special or particular hazard from the elements, such as excessive heat or cold, likely to produce sunstroke or freezing …” Fields v. Tompkins- Johnston Plumbing Co., 224 N.C. 841, 842-43, 32 S.E.2d […]

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Celebrating the Remarkable Career of Judge Linda Stephens

Throughout her extraordinary four-decade career, Judge Linda Stephens has made a lasting impact on the legal profession in North Carolina. Following her retirement, her legacy as a trailblazer, mentor, and exemplary attorney will continue to inspire us all. Linda’s journey is one of pioneering achievements. From being the first in her family to graduate high […]

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Hedrick Gardner Ranked in Chambers USA 2024 Guide

Hedrick Gardner is pleased to announce that one of our attorneys and two practice groups are ranked in the 2024 edition of Chambers USA, a highly regarded legal industry guide. Patricia Shields is ranked in Litigation: General Commercial in North Carolina. A highly experienced trial and appellate attorney, Tricia’s practice focuses on civil litigation. She […]

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North Carolina IC Announces New EDFP Filing Protocol for Employers/Carriers/Third Party Administrators

The North Carolina Industrial Commission has released updated instructions for employers, carriers, and third party administrators completing the IC File Number Field when filing documents electronically. This new protocol streamlines the filing process, allowing documents to be submitted even without an assigned IC file number. The Industrial Commission has advised that Employers/Carriers/TPAs/Counsel should now: The […]

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Negligence, Even Gross Negligence, Will Not Bar a Worker’s Compensation Claim

The North Carolina Supreme Court has long recognized that an employee’s injury caused by their own negligence act, cannot, in itself, bar their workers’ compensation claim. This principle is outlined in Hartley v. N.C. Prison Department, 258 N.C. 287, 128 S.E.2d 598 (1962). In that case, Mr. Hartley, a prison guard, was on his way […]

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Newly Added Rule 26(b)(4)(D) of the South Carolina Rules of Civil Procedure

Excluding Expert Exchanges: Protecting Attorney-Expert Communications Recently, the South Carolina Rules of Civil Procedure were amended to add a protection that is already recognized by federal courts: the Attorney-Expert protection. The newly added Rule 26(b)(4)(D) of the South Carolina Rules of Civil Procedure, which is short-titled, “Trial-Preparation Protection for Communications Between a Party’s Attorney and […]

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Supreme Court Limits Compensability of Weight Loss Treatment Recommended for Injured Employees

On Friday March 22, 2024, the Supreme Court issued a favorable decision for the defense in Kluttz-Ellison v. Noah’s Playloft Preschool, No. 173PA22 (N.C. 2024).  Lindsay Wikle and Duane Jones from Hedrick Gardner represented Defendants. The Supreme Court provided a test to determine whether requested medical treatment is “directly related” to the original compensable injury, […]

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Wilson Litigation Team Obtains Summary Judgment in Premises Liability Matter 

Hedrick Gardner Partner Rob Wilson and Associate Tatiana Terry obtained summary judgment for the owner of an apartment complex in a premises liability case.  The case involved a thorough analysis of the recent decision by the North Carolina Supreme Court in Draughon v. Evening Star Holiness Church of Dunn, 374 N.C. 479, 487, 843 S.E.2d 72, […]

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