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NC Commission Revises Form 19 (FROI) Filing Requirement

Effective Dec. 1, 2020, the North Carolina Industrial Commission has revised the filing requirement that triggers the submission of a Form 19,  Employer’s Report of Employee’s Injury or Occupational Disease to the Industrial Commission.  Specifically, the Commission increased the Form 19 filing threshold for medical compensation paid from $2,000 to $4,000. The revised rule – 11 NCAC […]

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Hedrick Gardner Recognized as a Best Law Firm by U.S. News – Best Lawyers® 2021

November 11, 2020. Hedrick Gardner Kincheloe & Garofalo LLP received several top rankings in the U.S. News – Best Lawyers® 2021 “Best Law Firms” report. The firm received Tier 1 regional rankings, the highest category awarded, in the following categories: Charlotte: Personal Injury Litigation – Defendants Product Liability Litigation – Defendants Workers’ Compensation Law – Employers Raleigh: […]

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AB5: A New Standard for Worker Classification

One issue that has come up numerous times in the setting of the trucking and transportation industries is the classification of workers as either employees or independent contractors. Concerned with workers who werebeing misclassified as independent contractors and who were not getting the benefits afforded to employees, the State of California passed a law, which […]

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Forward Facing Video Camera Systems – A Double Edge Sword?

In my last article, I explained the benefits forward facing video camera systems may have on litigation expenses for commercial motor carriers and insurance companies. However, as the saying goes, not everything is as good as it seems. Even though the implementation of forward facing video cameras does have its benefits, it also creates the […]

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DOT/FMCSA – Noteworthy Updates

On 9/29/20, the Federal Motor Carrier Safety Administration’s (FMCSA) final rule updating Hours of Service (HOS) regulations takes effect for normal, nonexempt operation. The key provisions include: Extend on-duty time by 2-hours for adverse weather; Extend the “short haul” exception from 100 air-mile radius to 150 miles and increase allowable drive time from 12 hours […]

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Hedrick Gardner Attorneys Selected for Inclusion in The Best Lawyers in America© 2021

North Carolina – August 20, 2020. Hedrick Gardner is pleased to announce that nineteen attorneys were recently selected by their peers for inclusion in The Best Lawyers in America© 2021. Patricia P. Shields was named the Best Lawyers® 2021 Raleigh Personal Injury Litigation – Defendants “Lawyer of the Year. ” Best Lawyers named a single attorney in […]

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The Benefits Forward Facing Video Camera Systems Have On Litigation Expenses

“The eye sees all, but the mind shows us what we want to see.” – William Shakespeare The rise of technology forces insurance companies, like other companies,to adapt. Upon first thought, advances in technology should streamline claim handling and the litigation process insurance companies endure. From a 10,000-foot view, technology has already made it easier […]

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DOT/FMCSA – Noteworthy Updates

On 5/01/20, the Federal Motor Carrier Safety Administration (FMCSA) announced a change to the Crash Preventability Demonstration Program and Safety Measurement System (SMS) that will permanently exclude no-fault crashes when calculating a carrier’s safety score. Effective immediately, if the FMCSA determines that a crash was not preventable,it will no longer be included in the carrier’s […]

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Handling COVID-19 Workers’ Compensation Claims in North Carolina

Proving a Compensable Occupational Disease in North CarolinaUnder the North Carolina Workers’ Compensation Act, generally speaking, there are two types of occupational diseases, each with their own standard of proof: Those specifically enumerated in N.C.G.S. §97-53; and Those covered by the statute’s “catchall” provision in N.C.G.S. §97-53(13): “Any disease, other than hearing loss covered in […]

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