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CMS to Demand Section 111 Reporting of Funds Set Aside for Future Medicals in Workers’ Compensation Settlements

By Shannon Metcalf The Centers for Medicare and Medicaid Services (CMS) is expanding the existing Section 111 reporting process to capture information on all workers’ compensation claims involving Medicare beneficiaries that receive a settlement (i.e., TPOC) and funding for a Workers’ Compensation Medicare Set-Aside (WCMSA), regardless of whether the workers’ compensation settlement was reported to […]

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Fostering Excellence: Two-Day New Associate Training

In the fast-paced world of legal practice, staying ahead of the curve and fostering a culture of excellence is vital for any law firm. To achieve this, Hedrick Gardner’s Associate Development Committee recently organized an enriching two-day training program for our new associates. This training is an introduction to workers compensation and civil litigation practice, […]

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Hedrick Gardner Recognized as a Best Law Firm by U.S. News – Best Lawyers® 2024

November 2, 2023. Hedrick Gardner Kincheloe & Garofalo LLP received several top rankings in the U.S. News – Best Lawyers® 2024 “Best Law Firms” report. The firm received Tier 1 regional rankings, the highest category awarded, in eight categories. The full firm report is as follows: Metropolitan Tier 1 Charlotte: Raleigh: Columbia (SC): Metropolitan Tier 2 Charlotte: […]

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CMS Increasing Threshold for Liability Settlements – Fixed Percentage Option

The Fixed Percentage Option Threshold will Increase to $10,000.00 for Liability Settlements on October 2, 2023 says The Centers for Medicare & Medicaid Services (CMS) By Shannon Metcalf Since November 7, 2011, the Centers for Medicare and Medicaid Services (CMS) has permitted a Medicare beneficiary to elect to resolve his/her conditional payment claim in liability […]

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NC Legislature Clarifies ‘Extended Benefits’ Law

North Carolina’s Workers’ Comp Act, specifically N.C. Gen. Stat. 97-29(c), has a 500 week “cap” on entitlement to temporary total disability (TTD) benefits. The statute also provides an employee with the opportunity to apply for extended TTD benefits beyond 500 weeks, upon a showing that the employee has suffered from a “total loss of wage-earning […]

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Hedrick Gardner Attorneys Recognized as Best Lawyers in America® 2024

August 17, 2023. Hedrick Gardner is proud to have 22 lawyers recognized in The Best Lawyers in America® and one lawyer recognized in the Best Lawyers: Ones to Watch® in America 2024 editions. This is the first time Erica Lewis and Salvatore Popolillio have been included on the list. Additionally, Kristie L. Hedrick received the Best Lawyers® 2024 Personal Injury Litigation – […]

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A Second Bite at the WCMSA Apple?

The Centers for Medicare & Medicaid Services (CMS) Removes Maximum Time Limit to use Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Amended Review Process By Shannon Metcalf Do you have cases that you cannot settle due to an outdated, CMS-approved WCMSA?  If so, there is good news as CMS has changed the Amended Review process to […]

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Recent Opinions at the Deputy Commissioner Level on COVID Claims

By Brooke A. Mulenex; Kendra D. Roberts The Industrial Commission has issued two Opinions at the Deputy Commissioner level on COVID claims. Both claims involve pro-se claimants and there was no expert testimony; both claims were denied and no benefits were awarded. While both were in Defendant’s favor, the true value of these decisions is […]

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