The North Carolina Court of Appeals recently addressed the third element of the misrepresentation defense – the “causal connection,” element in Purcell v. Friday Staffing, 761 S.E.2d 694 (August 2014).
North Carolina Workers’ Comp Defense Blog
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.
CSH Law Workers’ Comp has put together helpful resources related to workplace safety from the NC Department of Labor, the NC Safety Council, and others.
On March 3, 2015, the NC Court of Appeals set a new precedent for North Carolina employers relating to filing a Form 63 in workers’ compensation cases.
On Tuesday, February 17, 2015, the North Carolina Court of Appeals ruled on the jurisdiction of the NC Industrial Commission.
The North Carolina Industrial Commission announced the appointment of seven deputy commissioners.
The North Carolina Industrial Commission has updated the mileage reimbursement rate to $0.575 per mile for 2015.
As of November 1, 2014, newly implemented rule (04 NCAC 10A.1001 [Rule 1001]) requires, among other things, that you immediately respond to requests for authorization for surgery and hospitalization.
This article covers changes around filing Form 24s with the Industrial Commission and serving them on plaintiffs represented by counsel.
Changes to TTD and TPD benefits resulting from the 2011 Reform.
The fourth and final part of this four part blog series will provide a roundup of best tips and strategies for preparing a successful Form 24 Application by addressing common pitfalls to identify and avoid including: (1) Failure to submit adequate information/documentation; (2) Failure to respond to or refute information/assertions/documentation put forth by the injured employee; and (3) Filing Form 24 Applications on improper grounds.
This infographic illustrates the number of weeks of permanent partial disability an employee is entitled to receive for the loss or loss of use of the body parts shown or vision in an eye.
Although arguably the most important determination an adjuster makes when a claim is filed is whether or not the claim is compensable, before even contemplating that question, the adjuster should consider whether or not the claim has a basis under the NC Workers’ Compensation Act (the “Act”.) This checklist covers several affirmative defenses for defendants to consider at the beginning of any claim.
This post covers the elements of a basic injury by accident workers’ comp claim in North Carolina.
This post contains a summary of significant 2014 Workers Compensation cases decided by the Courts, along with “practice tips” for addressing these issues. Covered topics include: Medical Causation, notice defenses, subsequent injuries, use of surveillance, time bar defenses, reformation of form agreements, change of treating physicians, and vocational rehabilitation.