Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management.
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).
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.
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 1 hour Continuing Education course covers the applicability of the Workers’ Comp Act to illegal immigrant employees and other issues relevant to claims when immigration issues are involved.