Product liability claims can range from defects in automobiles, consumer good to prescription drugs. Products liability is a specialized area of law taking various forms, each requiring a different defense strategy. Many states apply a strict liability standard which means the manufacturer is automatically liable when a product injures a person. But not North Carolina.…
This is the third article in a four-part series discussing different aspects of workers’ compensation psychological claims in North Carolina, including: Part 1: Psychological Claims Resulting from Physical Injury; Part 2: Non-Physical Injury by Accident Psychological Claims; Part 3: Non-Physical Occupational Disease Psychological Claims; and Part 4: Claims Handling Tips for Psychological Workers’ Compensation Claims.…
As we have addressed previously, under the SMART Act, the Centers for Medicare & Medicaid Services (CMS) is required to set minimum Section 111 mandatory reporting thresholds for liability, no-fault, and workers’ compensation claims. The reporting threshold also establishes a “safe harbor” regarding Medicare conditional payment reimbursements. The numbers can fluctuate from year to year. …
This is the second article in a four-part series discussing different aspects of workers’ compensation psychological claims in North Carolina, including: Part 1: Psychological Claims Resulting from Physical Injury; Part 2: Non-Physical Injury by Accident Psychological Claims; Part 3: Non-Physical Occupational Disease Psychological Claims; and Part 4: Claims Handling Tips for Psychological Workers’ Compensation Claims.…
As part of our office’s celebration of Black History Month, Teague Campbell hosted a book drive to promote literacy at South East Raleigh Elementary School and was able to donate 80 children’s books. The firm collected new or gently used children’s books which feature primarily Black and/or minority characters as well as Black and minority…
In the course of handling a workers’ compensation case, an adjuster will have to communicate with the employee’s treating physician to collect valuable medical information relevant to the diagnosis and ability to return to work. As noted in N.C.G.S § 97-25.6(c)(2), Written Communications with Healthcare Providers: Defendants may communicate with the Plaintiff’s authorized health care…
After more than 34 years, attorney Mike Sigmon has expanded his practice to include mediation, working from both our Raleigh and Asheville, NC offices. Mike is Board Certified in Workers’ Compensation and is certified by the North Carolina Dispute Resolution Commission to conduct mediations in Superior Court civil actions. Mike is a seasoned litigator and…
The day is finally here and your case is settled. But is it really over? Let’s go over some key issues in regards to mutual consent in settlement agreements and make sure. First things first, a settlement agreement is a contract, to be interpreted and tested by established rules relating to contracts. A valid contract…
This is the first article in a four-part series discussing different aspects of workers’ compensation psychological claims in North Carolina, including: Part 1: Psychological Claims Resulting from Physical Injury; Part 2: Non-Physical Injury by Accident Psychological Claims; Part 3: Non-Physical Occupational Disease Psychological Claims; and Part 4: Claims Handling Tips for Psychological Workers’ Compensation Claims.…
When the actions of an insured give rise to the need for a carrier to cancel a workers’ compensation policy, it is vitally important for the carrier to be aware of how to effectively cancel the policy under North Carolina law. The North Carolina Supreme Court has long established the principle that failure to comply…