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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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SC Supreme Court Provides Framework for Contesting Coverage of Construction Defect Jury Verdicts in Declaratory Judgment Actions

In Ex Parte: Builders Mutual (In Re: Palmetto Pointe v. Island Pointe), Opinion No. 27970 (May 13, 2020), the South Carolina Supreme Court held Insurers did not have a right to intervene in a construction defect action for the limited purpose of participating in the preparation of the verdict form to allocate damages, finding the proper […]

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Medicare Liens: Another Concern Prior to Settlement?

In our last post, we discussed the issues posed by ERISA liens and how the presence of an ERISA lien can complicate a potential settlement. Another similar issue that complicates settlements is the potential presence of a Medicare lien. This applies to workers’ compensation and liability cases. The Medicare Secondary Payer Act (MSPA), 42 U.S.C. […]

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COVID-19: Operations Update for South Carolina Courts

South Carolina courts have taken several precautionary measures in response to the spread of COVID-19. The following measures have been put in place for Circuit Court and Magistrate’s Court: By Order of the Supreme Court dated March 18, 2020, all scheduled terms of court are canceled until May 1, 2020. This includes jury trial terms, non-jury trial […]

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DOT/FMCSA – Noteworthy Updates

On 3/13/20, the Federal Motor Carrier Safety Administration (FMCSA) issued an unprecedented national emergency declaration to provide hours of service (HOS) relief to drivers transporting goods needed to respond to the Coronavirus Pandemic. Those commercial motor vehicle (CMV) operations exempted include those meeting needs for: Medical supplies and equipment related to testing, diagnosis and treatment […]

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