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Medicare Provides New Way to Terminate Ongoing Responsibility for Medicals (ORM)

The Centers for Medicare and Medicaid Services (CMS) issued an updated Section 111 NGHP User Guide – Version 6.4, on June 11, 2021. CMS will now allow the termination of ORM if the following criteria are met. Where there is no practical likelihood of associated future medical treatment, which is reflected by meeting ALL of the following: […]

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Are employees entitled to more than 500 weeks of benefits?

Before June 24, 2011, injured employees were eligible for lifetime Temporary Total Disability (TTD) benefits for the duration of their disability. In 2011, the North Carolina legislature passed revisions to the Workers’ Compensation Act. One of the revisions altered N.C. Gen. Stat. § 97-29(b), which now states: The employee shall not be entitled to compensation […]

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Increasing Minimum Limits Will Not Prevent Nuclear Verdicts, But You Can

In my previous article, I discussed whether the proposed tort reform for raising minimum liability insurance coverage is the answer for the increasing size of jury verdicts from 2010 to 2018. As a reminder, the average jury verdict against commercial motor carriers increased by approximately 1000% from 2010 to 2018. To combat this issue, proponents […]

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DOT/FMCSA – Noteworthy Updates

On 2/3/2021, Pete Buttigieg was sworn in as the 19th Secretary of Transportation. On 1/20/2021, President Biden issued an executive order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. On 4/22/2021, in response to PresidentBiden’s executive Order, the National Highway Traffic Safety Administration (NHTSA) proposedwithdrawing the SAFE I […]

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New Rule/Requirement to Provide North Carolina Industrial Commission with Email Address for Claim-Related Documents

The North Carolina Industrial Commission today, Monday, March 1, 2021, sent out the following notice: “Effective March 1, 2021, all carriers, third-party administrators, and self-insured employers are required to provide the Commission with an email address for receipt of claim-related documents. The designated email address shall be provided to the Commission at contactinfo@ic.nc.gov. The email […]

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Is Tort Reform the Answer?

Currently, the Federal Motor Carrier Safety Administration requires commercial vehicles that engage in interstate commerce to maintain a minimum of $750,000 in liability insurance coverage. Congress passed 49 U.S.C. § 31139 in 1994 requiring that $750,000 be the minimum limit. The amount required has not changed in almost 27 years. However, in June 2020, the […]

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AB5: A New Standard for Worker Classification – Part 2

In our last article, we discussed the status and potential impact of AB5, a law recently passed in California which went into effect on January 1, 2020, addressing the classification of certain workers. By way of review, prior to AB5’s passage, the decision on whether a worker should be classified as an employee or an […]

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DOT/FMCSA – Noteworthy Updates

The Federal Motor Carrier Safety Administration (FMCSA) reports that the electronic logging device (ELD) mandate has reduced hours-of-service (HOS) violations by 50% since the initial rule took effect in December 2017. Over 8.8 million roadside inspections were conducted since that time with less than 1.25% resulting in citations for HOS violations or for failure to […]

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Hedrick Gardner Attorneys Selected for Inclusion in 2021 North Carolina Super Lawyers

North Carolina – January 14, 2021. Four attorneys from Hedrick Gardner were selected to the 2020 North Carolina Super Lawyers® list and five were selected as Rising Stars for 2020. The Hedrick Gardner attorneys selected to the 2021 North Carolina Super Lawyers list are: M. Duane Jones, AppellateMel J. Garofalo, Civil Litigation: DefenseJeffrey A. Kadis, Workers’ CompensationPatricia P. Shields, Civil […]

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