Utilizing the Misrepresentation Defense: Practical Tips for Employers
Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management.
Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management.
Idiopathic conditions, including cases related to falls, are among the most challenging in the world of NC Workers’ Compensation.
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.