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AB5: A New Standard for Worker Classification – Part 3

In several recent articles, we discussed the potential impact of AB5 (now referred to as California Labor Code § 2775). The law went into effect on January 1, 2020, addressing the classification of workers as employees or independent contractors.  Several lawsuits were filed challenging AB5. In one the California Trucking Association filed a lawsuit contending […]

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DOT/FMCSA – Noteworthy Updates

On 11/12/21, the U.S. Court of Appeals for the D.C. Circuit threw out portions of the 2016 Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles – Phase 2 (“Phase 2”) as it relates to trailers, tanks, car carriers, logging trailers, and platforms. The Rule, which was set to take […]

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What are the Potential Legal Implications of Fully Autonomous Vehicles?

Autonomous vehicles are the future as evidenced by a September software release that allows every new Tesla to become a fully self-driving vehicle. How will motor vehicle laws adapt to the rise in this technology? In North Carolina, “the operator of a fully autonomous vehicle with automated driving system engaged is not required to be […]

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Hedrick Gardner Recognized as a Best Law Firm by U.S. News – Best Lawyers® 2022

November 4, 2021. Hedrick Gardner Kincheloe & Garofalo LLP received several top rankings in the U.S. News – Best Lawyers® 2022 “Best Law Firms” report. The firm received Tier 1 regional rankings, the highest category awarded, in eight categories. The full firm report is as follows: Metropolitan Tier 1 Charlotte: Insurance Law Personal Injury Litigation – Defendants […]

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Hedrick Gardner Attorneys Selected for Inclusion in The Best Lawyers in America© 2022

North Carolina – August 19, 2021. Hedrick Gardner is pleased to announce that 20 attorneys were selected by their peers for inclusion in The Best Lawyers in America© 2022. Jeffrey H. Blackwell was named the Best Lawyers® 2022 Wilmington Personal Injury Litigation – Defendants “Lawyer of the Year. ” Best Lawyers named a single attorney in each […]

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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 following criteria are met. Where there is no practical likelihood of associated future medical treatment, which is reflected by meeting ALL of the following: […]

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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’ Compensation Act. One of the revisions altered N.C. Gen. Stat. § 97-29(b), which now states: The employee shall not be entitled to compensation […]

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Increasing Minimum Limits Will Not Prevent Nuclear Verdicts, But You Can

In my previous article, I discussed whether the proposed tort reform for raising minimum liability insurance coverage is the answer for the increasing size of jury verdicts from 2010 to 2018. As a reminder, the average jury verdict against commercial motor carriers increased by approximately 1000% from 2010 to 2018. To combat this issue, proponents […]

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DOT/FMCSA – Noteworthy Updates

On 2/3/2021, Pete Buttigieg was sworn in as the 19th Secretary of Transportation. On 1/20/2021, President Biden issued an executive order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. On 4/22/2021, in response to PresidentBiden’s executive Order, the National Highway Traffic Safety Administration (NHTSA) proposedwithdrawing the SAFE I […]

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New Rule/Requirement to Provide North Carolina Industrial Commission with Email Address for Claim-Related Documents

The North Carolina Industrial Commission today, Monday, March 1, 2021, sent out the following notice: “Effective March 1, 2021, all carriers, third-party administrators, and self-insured employers are required to provide the Commission with an email address for receipt of claim-related documents. The designated email address shall be provided to the Commission at contactinfo@ic.nc.gov. The email […]

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