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Workers’ Compensation

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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AB5: A New Standard for Worker Classification

One issue that has come up numerous times in the setting of the trucking and transportation industries is the classification of workers as either employees or independent contractors. Concerned with workers who werebeing misclassified as independent contractors and who were not getting the benefits afforded to employees, the State of California passed a law, which […]

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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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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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ERISA Liens: Another Concern Prior to Settlement?

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 […]

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Workers’ Compensation: An Exclusive Remedy?

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 […]

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Hedrick Gardner Announces New Columbia Attorneys

South Carolina – March 4, 2019.  Hedrick Gardner Kincheloe & Garofalo LLP, a leading regional litigation and dispute management law firm, is pleased to announce that attorneys Alicia Clawson, John Rabb, and Marcy Lamar have joined the firm’s Columbia office. “Hedrick Gardner is fortunate to have these talented attorneys join our Columbia office” said firm […]

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Opioid Utilization Rules Enacted by Industrial Commission

On 5/1/18, the Rules for the Utilization of Opioids, Related Prescriptions, and Pain Management Treatment in Workers’ Compensation Claims (hereafter “Opioid Utilization Rules” or “Rules”) went into effect in connection with North Carolina Workers’ Compensation claims. The purpose of the Rules is to ensure that employees receive proper care, adequately contain medical costs, and facilitate timely and effective […]

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