Defenses

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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Checklist of Affirmative Defenses for NC Comp Claims

Affirmative Defenses Checklist

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.

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Checklist: Affirmative Defenses to NC Workers’ Comp Claims

Is the workers’ comp claim covered under the NC Workers’ Compensation Act? Before addressing compensability, use this checklist as a guide to consider whether or not the claim has a basis under the NC Workers’ Compensation Act. This checklist outlines the key aspects to consider when determining if the claim falls within the scope of […]

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