For Employers

Total Eclipse of Comp

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Examining An Injury Resulting from an Eclipse Under North Carolina Law On August 21, 2017, many of us in North Carolina looked up at the sun to view the rare phenomenon of a total or near total eclipse. In most instances, the viewing was done with safety measures in place. As the eclipse occurred during […]

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Supreme Court Determines the Burden of Causation is on Employers and Carriers in Compensable Claims

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In Wilkes v. City of Greenville, __ S.E.2d __, (2017) the North Carolina Supreme agreed with the Court of Appeal’s determination that when compensability is admitted an injured worker is entitled to a presumption that future medical treatment is causally related to the compensable injury. Moreover, the Supreme Court expanded its review to the Russell […]

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Case Summary: Joint Employment Doctrine

NC Workers Comp Law Updates

Whicker v. Compass Group USA, Inc./Crothall Services Group, Employer; Self-Insured (Gallagher Bassett Services, Inc., Administrator); and Novant Health, Inc., Alleged Joint Employer, Self-Insured, Defendants. NC Court of Appeals Opinion filed April 5, 2016. This is a case addressing the Joint Employment doctrine.  The Court of Appeals analyzed each element of the doctrine that must be […]

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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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