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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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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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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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Response to COVID-19

In response to the Coronavirus (COVID-19) the firm is taking action to continue serving clients while keeping the health of clients and our staff top priority. All our offices are currently operating with a remote workforce to help reduce the spread of the virus.

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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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