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North Carolina Workers’ Comp Defense Blog

 

Are Drug Formularies Coming To NC Workers’ Comp?

Commissioner Tamara Nance of the North Carolina Industrial Commission spoke recently at the North Carolina Bar Association’s Workers’ Compensation Section Annual Meeting and told the audience that prescription drug formularies are being studied for possible future introduction into the North Carolina workers’ compensation system.  A drug formulary is a list of prescription and non-prescription drugs […]

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Case Summary: Compensability

Injury Claim Form for Workers' Comp Defense

Antonio Pickett v. Advance Auto Parts N.C. Court of Appeals opinion filed 2/2/2016 This decision involved Defendants’ appeal from Opinion and Award of the North Carolina Industrial Commission determining that Plaintiff suffered a compensable injury and awarding ongoing indemnity and medical benefits. Plaintiff was employed as a salesperson and driver for Defendant-Employer when an armed […]

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Case Summary: Suitable Employment

Form 24 Changes Effective CSH Law Workers' Comp

Franklin Falin v. The Roberts Company Field Services, Inc. N.C. Court of Appeals opinion filed 2/2/2016 This decision involved an appeal from Opinion and Award of the Full Commission concluding that employment offered to Plaintiff was not suitable pursuant to N.C. Gen. Stat. § 97-2(22). Plaintiff was employed as an iron worker for Defendant-Employer. Plaintiff […]

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Guide to New NCIC Filing Rules

Affirmative Defenses Checklist

Starting Monday, February 1, 2016, the NC Industrial Commission is requiring electronic submission of documents for filing.  We’ve created a handy reference tool which identifies the specific Forms and documents which must be filed through the Electronic Document Filing Portal (EDFP) (such as Forms 24 and 26A); those which must be filed via e-mail to […]

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Case Summary: Subrogation Rights /Liens on Third Party Settlement

NC Workers Comp Law Updates

David Easter-Rozelle v. City of Charlotte (N.C. Ct. of Appeals, 12/1/15) This is a significant case concerning defendants’ subrogation rights and recovery of the third party lien. Defendants should always assert potential workers’ comp liens and plaintiffs have an obligation to notify defendants of third-party claims. Plaintiff sustained compensable injuries to his neck and shoulder on […]

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Case Update: Attendant Care/Attorney Fees Case

NC Workers Comp Law Updates

Connie Chandler v. Atlantic Scrap and Processing (NC Ct. of Appeals, 12/1/15) Plaintiff sustained a compensable head and neck injury on August 11, 2003 as a result of a fall at work.  In addition to her physical injuries, plaintiff also developed depression and cognitive impairments secondary to post-concussive syndrome.  During the course of her treatment […]

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Employers: Is Your Company Social Putting You at Risk?

Employers at Risk for WC

The arrival of summer marks the end of another school year and the anticipation of beach vacations, backyard cookouts, and pool parties. This time of year also brings the annual company festival with the boss manning the BBQ pit, the interoffice corn hole tournament; and the balloon-making clown for the kids. Not to rob such an event of its pure joy and frivolity, but for those of us in the business, we should pause to consider the possible workers’ compensation ramifications of such annual company rituals.

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Workers’ Compensation Cost Containment for the North Carolina Employer: Effectively Asserting the Misrepresentation Defense

On June 24, 2011, then-Governor Beverly Purdue signed H 709—”Protecting and Putting North Carolina Back to Work Act” into law. As part of this Legislative Reform, North Carolina Employers now have an additional defense (misrepresentation) available to workers’ compensation claims arising on or after June 24, 2011. However, in order to use this defense Employers must do their homework BEFORE an alleged work accident happens.

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