Workers’ Compensation

CMS Announces Changes Coming to the Re-Review Process of Approved WCMSAs

The Centers for Medicare & Medicaid Services (CMS) just announced it has been reviewing its process for addressing requests for CMS to “re-review” approved Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) amounts and plans to make a change in 2017.  CMS expects to update its existing re-review process to address situations where CMS has provided an […]

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What to Do When Employees Don’t Follow Rules? – Taking Advantage of N.C.G.S. § 97-12

In handling workers’ compensation claims, it is common to hear the following question from a client: “Why is this employee receiving benefits when they disregarded a directive from management or company rule or directive resulting in an injury?” Unfortunately, an act of negligence on the part of an employee while in the performance of his […]

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Cell Phone Litigation

Over the last ten years or so it has become self-evident that distractions related to cell phone use while driving present grave hazards. As a result, individual drivers and commercial carriers have begun to rely on blue-tooth or other hands-free technologies to communicate while driving. The issue for litigation which arises is whether hands-free communication […]

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Reigning in the Parsons’ Presumption

In October of 2015, the North Carolina Court of Appeals issued an opinion in Wilkes v. City of Greenville, __ N.C. App. __, 777 S.E.2d 282 (2015), which created uncertainly for employers across the State – including, but certainly not limited to, motor carriers – regarding the application of the Parsons presumption by expanding the […]

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