by Joe D. Delfino 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 Act dealing with the 500-week cap on weekly TTD benefits. By way of review, for workers’ compensation claims arising […]
Allen C. Smith, Austin R. Walsh On 2/7/22, the FMCSA’s Training Provider Registry went live. The Registry maintains a list of registered training providers and a record of all individuals who have completed entry-level driver training. State agencies will have access to the Registry to verify that commercial driver’s license (CDL) applicants have completed the […]
by Austin R. Walsh North Carolina – On 12/17/21, the NC Supreme Court issued its opinion in North Carolina Farm Bureau Mut. Ins. Co., Inc. v. Dana i, which clarifies the maximum underinsured motorist (UIM) coverage available to claimants regardless of whether the liability coverage was exhausted based on the per-person or per-accident policy limits. […]
North Carolina – January 13, 2022. Four attorneys from Hedrick Gardner were selected to the 2022 North Carolina Super Lawyers® list and four were selected as Rising Stars for 2022. Additionally, Patricia P. Shields was listed on the Top 25 Raleigh Super Lawyers list, the Top 50 Women North Carolina Super Lawyers list, and the Top 100 North […]
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 that submitting a WCMSA proposal for review is never required, but is recommended, as the WCMSA review process is “the only process that […]
Hedrick Gardner Kincheloe & Garofalo LLP, a leading regional litigation and dispute management law firm, is pleased to announce the promotions of Erika Eisenoff, Ross Bromberger, William Whitehead, Marcy Lamar, Emily Pappas, and Amanda Brookie McDonald. “These 6 individuals perform excellent work for our clients,” said Hedrick Gardner’s managing partner Paul Lawrence. “We are excited to see their continued […]
All NC Industrial Commission (NCIC) Forms (except the EDI Form 19, Employer’s Report of Employee’s Injury to the [NC] Industrial Commission) must be filed via the NCIC’s Electronic Document Filing Portal (EDFP): www.ic.nc.gov/docfiling.html The NCIC will not accept Forms via any other method (i.e., via email, via fax, via USPS). The “Login” to the EDFP can be found […]
“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 v. A. J. Carey Oil Co., 266 N.C. 519, 521, 146 S.E.2d 447, 449 (1966), citing Barnhardt v. Yellow Cab Co., 266 N.C. […]
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 of Employee, the North Carolina Workers’ Compensation Act N.C.G.S. § 97-18(j) states: “When an employee files a claim for compensation with the Commission, the Commission may order […]
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 N.C.G.S. § 97-30 to complete a Form 90 Report of Earnings when reasonably necessary but not more than once every six months.” The best […]
