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.
North Carolina Workers’ Comp Defense Blog
The NC Workers’ Compensation Act only allows employees to recover benefits. This post covers the 8 factors courts will use to determine whether an injured worker is an employee or independent contractor.
This post provides a general overview for handling death cases under the North Carolina Workers’ Compensation Act. Death cases and the resulting claims can be extremely fact specific so it is always best to discuss specific claims with an attorney. Below you will find questions to ask as you work through death claims in North Carolina.
This post provides an overview of the specific changes implemented by the Industrial Commission on November 1, 2014 with regards to Form 24 litigation.
North Carolina is a “Form Intense” state. This post discusses some of the most frequently used forms and when to file them.
The third blog of a four part blog series covers Successfully Preparing a Form 24 Application. The earlier posts in this series address 1) When it is appropriate to terminate TTD benefits without obtaining Industrial Commission approval; and 2) When filing a Form 24 application is appropriate.
The second blog of a four part blog series covers When filing a Form 24 application is appropriate. This blog post will address specific situations involving return to work, compliance, and the catch-all “miscellaneous” scenarios. There are instances when it is appropriate to terminate TTD benefits without Industrial Commission approval and those are covered in the first blog post in this series.
This post includes tips for making sure crucial videotape evidence is admissible. It will cover the 3 considerations to establish admissibility of videotaped surveillance evidence, as well as the testimony that meets these requirements.
This is the first post of a four-part blog series that will discuss tips and strategies to give employers the best chance of prevailing on Form 24 Applications, and as a result, saving their companies money. These tips and strategies are broken down into the following posts: Part 1 – Terminating TTD Benefits WITHOUT First Obtaining Permission From the North Carolina Industrial Commission (this post). Part 2 – When Is Filing a Form 24 Application Appropriate? Part 3 – How to Successfully Prepare a Form 24 Application. Part 4 – Recognizing – and Avoiding – Common Pitfalls to Winning a Form 24 Application.
In North Carolina workers’ compensation claims, there are 3 entities that we see most often with a lien that must be satisfied out of any settlement paid to the injured worker: Health Insurance Providers, Veterans Administration, and Child Support Agencies. This blog post offers adjusters a few simple steps you can take to deal with liens efficiently when handling a claim.
Legislative Update RE: Senate Bill 112 (H94), “Create Jobs through Regulatory Reform”. Although the bill addresses a host of issues, this article will focus primarily on Sec. 18 affecting WC Insurance Cancellation as provided in N.C.G.S. 58-36-105(b) and (c) and its impact on WC liability in the Construction Industry.
Tips and considerations for selecting a preferred facility or physician to handle a workers’ compensation claim.
This blog post covers the four critical steps an employer should take after a workplace injury occurs and specifics for how to do the following: contact your carrier, interview the employee, talk to witnesses, and preserve evidence.
These days companies often sponsor athletic events, fundraising events, parties, picnics, retreats and other types of programs for their employees. If an employee is injured at such an event, there is a possibility the injury could be compensable under the N.C. Workers’ Compensation Act.
Legislative UPDATE: On June 27, 2013, the House passed a committee substitute to SB 174, which, in addition to disapproving certain rules of the Industrial Commission (with, in some instances, mandating how to fix the rule), also made some changes to the Workers’ Compensation Act. This post covers in detail SB 174.