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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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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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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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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 2018 was $750. On November 15, 2018, CMS announced the […]

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South Carolina Workers’ Compensation Commission Increases Filing Fees to Fifty Dollars ($50.00)

On July 16, 2018, the South Carolina Workers’ Compensation Commission announced an increase in filing fees. Effective August 1, 2018, the filing fee for requests for hearings, settlements, and motions will increase from twenty-five dollars ($25) to fifty dollars ($50). Per the announcement, the funds raised by this increase will help support the development and […]

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The North Carolina Industrial Commission Issues New Rules for the Utilization of Opioids Effective May 1, 2018

The North Carolina Industrial Commission’s new Rules for the Utilization of Opioids, Related Prescriptions, and Pain Management in Workers’ Compensation Claims became effective as of May 1, 2018. In order to assist all stakeholders in the North Carolina Workers’ Compensation system in understanding and implementing these Rules, the Commission published a Companion Guide, which contains additional guidelines established […]

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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 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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