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Trucking and Transportation Law

Opioid Utilization Rules Enacted by Industrial Commission

On 5/1/18, the Rules for the Utilization of Opioids, Related Prescriptions, and Pain Management Treatment in Workers’ Compensation Claims (hereafter “Opioid Utilization Rules” or “Rules”) went into effect in connection with North Carolina Workers’ Compensation claims. The purpose of the Rules is to ensure that employees receive proper care, adequately contain medical costs, and facilitate timely and effective […]

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DOT/FMCSA – Noteworthy Updates

On 5/16/2018, the Fiscal Year 2019 transportation bill advanced through the House funding subcommittee and was debated by the full committee on 7/19/2018. The bill would de-fund Electronic Logging Device (ELD) enforcement for livestock haulers through 9/30/2019. The current exemption for livestock haulers expires on 9/30/2018. On 5/23/2018, Representatives Greg Gianforte (R-Mont.) and Collin Peterson (D-Minn.) introduced H.R. 5959, the […]

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Determining When an Injury Caused by an Idiopathic Condition is Compensable

In the practice of workers’ compensation law, some of the most difficult claims to evaluate are those dealing with injuries sustained as a result of idiopathic conditions or conditions that arise spontaneously for which the specific cause is unknown. In the context of trucking, this situation usually arises when a driver suffers a heart attack, […]

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DOT/FMCSA – Noteworthy Updates

On 4/1/18, the grace period ended for compliance with the Electronic Logging Device (ELD) mandate. Drivers caught without ELDs are now subject to being placed out of service for 10 hours, receiving a civil fine, and having points added to their Compliance, Safety, Accountability (CSA) program scores. If drivers are placed out of service in […]

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DOT/FMCSA – Noteworthy Updates

  On 1/18/18, the comment period ended for the Federal Motor Carrier Safety Administration’s (FMCSA) proposed regulatory guidance regarding driving commercial motor vehicles (CMV) for personal use while off-duty. The guidance affects those drivers who are required to record their hours of service (HOS) while operating a CMV. A driver may record time operating a […]

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A Defendant’s Answer to Reptile Litigation

In today’s world of litigation strategy and tactics have evolved into more than putting your evidence on at trial and making good arguments on behalf of your clients to achieve the desired outcomes.  Occasionally, lawyers may retain jury consultants to help pick a jury that may be best suited to hear a particular case, but […]

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Reigning in the Parsons Presumption, Part II

In the Summer, 2016 Edition of this Publication, we addressed certain recent developments with regard to the “Parsons presumption.”  Since that time, a decision by the North Carolina Supreme Court and subsequent action taken by the General Assembly of North Carolina has further clarified the extent to which the “Parsons presumption” will be applied. By […]

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DOT/FMCSA – Noteworthy Updates

The long-awaited Electronic Logging Device (ELD) rule takes effect 12/18/17. In August, a bill presented by Brian Babin (R-TX) to delay the ELD mandate quietly gained traction in Congress with 43 cosponsors, including high-ranking Kevin Brady (R-TX), and from outside Capitol Hill with the support of the Owner-Operator Independent Drivers Association (OOIDA). Babin ultimately withdrew the bill but offered […]

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