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Workers’ Compensation

Centers for Medicare and Medicaid Services (CMS) Maintains $750 Reporting Threshold

The SMART Act requires CMS to annually review the costs associated with the collection of Medicare conditional payments and set forth a threshold amount applicable to settlements, judgments, awards or other payments (TPOC amount) for which it would not seek recovery. The threshold amount for 2017 was $750. On November 3, 2017, CMS announced the […]

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SC Court of Appeals Affirms Rescission of Workers’ Compensation Policy Procured by Fraud

The South Carolina Court of appeals recently affirmed a decision by the South Carolina Workers’ Compensation Commission that allowed an insurance carrier to rescind a workers’ compensation policy of insurance that was fraudulently obtained with the intent of covering an injury that occurred earlier the same day but was not disclosed by the employers. In […]

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New Taxpayer ID & Mailing Address for the North Carolina Industrial Commission

New Taxpayer ID & Mailing Address for the North Carolina Industrial Commission New Taxpayer Identification Number Effective November 1, the NCIC’s Taxpayer Identification Number will be 56-1401519. Please make any checks to the Industrial Commission payable to Department of Insurance-Industrial Commission. New U.S. Mail Address Changes to NCIC Effective November 1, the NCIC’s Mail Service Center […]

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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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North Carolina Industrial Commission Makes Changes To Sanction Amounts

North Carolina Industrial Commission Changes Sanction Amount for Late Filing of Forms 60, 61, or 63 The North Carolina Industrial Commission has just announced that: Effective December 1, 2017, the following changes will go into effect for sanctions issued pursuant to N.C. Gen. Stat. § 97-18(j): The amount sanctioned upon Carriers/Employers for failing to file […]

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CMS Further Revises the Requirements of the WCMSA Amended Review Process

On July 12, 2017, we issued an alert explaining the new WCMSA re-review process, which is referred to as the “Amended Review” process.  A link to that alert can be found here.  Since that alert, CMS has added another requirement to be able to take advantage of the Amended Review process, which is noted in […]

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Legislature Amends § 97-82 to Clarify Which Injuries Are Accepted Pursuant to A Form 60

The North Carolina Legislature and Governor Roy Cooper have passed a law clarifying that an employer’s acceptance of the compensability of a specific injury on a Form 60 or Form 63 Section 1 shall not extend the “Parsons presumption” to injuries and conditions other than those specifically listed on the Form 60 or Form 63 Section 1. The North Carolina Legislature enacted […]

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Certain Old WCMSAs may now be Re-reviewed by CMS!

A Second Bite at the Apple? CMS Expands the WCMSA Re-Review Process Do you have cases that you cannot settle due to an outdated, CMS-approved WCMSA?  If so, there is good news – CMS has expanded its WCMSA Re-Review process, which allows for resubmission of those old CMS-approved WCMSAs in certain situations. Section 12.4 of […]

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