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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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Hedrick Gardner Announces Attorney Promotions

Hedrick Gardner Kincheloe & Garofalo LLP, a leading regional litigation and dispute management law firm, is pleased to announce the promotions of Elizabeth Bennett, Brooks Miller, Lindsay Wikle, Erika Eisenoff, Ross Bromberger, and William Whitehead. “These 6 individuals perform excellent work for our clients,” said Hedrick Gardner’s managing partner Paul Lawrence. “We are excited to […]

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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 will not seek recovery. The threshold amount for 2020 was $750.00. On November 25, 2020, CMS announced the […]

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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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