North Carolina: Patillo v. Goodyear Tire and Rubber Company: Another Review of the Parsons Presumption and Reasonableness of a Job Search

Last winter we examined the Court of Appeals decision in Wilkes v. City of Greenville and its seemingly a radical extension of the Parsons presumption to injuries not initially accepted as part of the claim.  The decision Wilkes was appealed to the North Carolina Supreme Court and is set for oral argument in mid-February 2017. …

North Carolina Court of Appeals Determines Parsons Presumption Applies to New Injury to Accepted Body Part

On May 12, 2007, Plaintiff was working as a tire builder for Defendant-Employer, and sustained injury to her right shoulder. Defendants accepted the right shoulder as compensable. Plaintiff underwent surgery and returned to work. Plaintiff sustained a number of exacerbations to the right shoulder over the course of her claim. Following one incident in 2010,…

New Medicare Safe Harbor & Reporting Threshold for Workers’ Compensation Settlements

Under the SMART Act, the Centers for Medicare & Medicaid Services (CMS) is required to set minimum Section 111 mandatory reporting thresholds for liability claims, as well as establish a “safe harbor” regarding conditional payment reimbursements.  For liability claims, this number was originally set as $300 as of September 6, 2011, then raised to $1000…