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 […]
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.
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. […]
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 […]
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans. In the context of workers’ compensation claims or civil litigation, the subject of ERISA is usually raised when an […]
The Federal Motor Carrier Safety Administration (FMCSA) announced on 12/27/19 that it will increase the annual percentage rate of random drug testing from an average of 25% to 50% of the average driving positions. The FMCSA estimates 2.1 million tests and a $20 million increase in costs in 2020 under this revised rule. In 2018, […]
An evidence preservation letter is a written request that certain documents, electronically-stored information and data (“e-data”), and vehicles be preserved in anticipation of future litigation. One of the first questions we hear is, “What evidence is really necessary?” Although demands to preserve evidence may be onerous and burdensome, it is important to begin collecting this […]
On 8/23/19, the Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) to alter hours of service (HOS) regulations. The comment period ended 10/21/19. The NPRM recommended the following changes. Provide drivers with greater flexibility for the 30-minute rest break by requiring a break after 8 hours of drive time, instead […]
For years, many employers have assumed that if an employee alleges that he or she was injured while working, recovery under the North Carolina Workers’ Compensation Act was the Employee’s only remedy. This belief is grounded in the language of § 97-10.1 of the North Carolina Workers’ Compensation Act, which states: If the employee and […]
On 7/31/19, the Federal Motor Carrier Safety Administration (FMCSA) proposed to make its crash preventability determination program permanent. This program was announced in July 2017 and is intended to gather data on commercial motor vehicle (CMV) accidents to assess commercial motor carriers that pose safety risks. Since the FMCSA began reviewing crashes in 2017, 94% […]
