Products Liability Claims and Available Defenses

Jennifer Milak and Nicole Freiler

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.…

Defending Psychological Workers’ Compensation Claims in North Carolina: Part 3 of 4

Tracey Jones

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.…

2021 Medicare Safe Harbor & Reporting Threshold for Liability, No-Fault, and Workers’ Compensation Settlements

Daniel Hayes

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. …

Defending Psychological Workers’ Compensation Claims in North Carolina: Part 2 of 4

Tracey Jones

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.…

Reminders for NC Adjusters When Requesting Medical Information from Treating Physicians

Tracey Jones

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…

Defending Psychological Workers’ Compensation Claims in North Carolina: Part 1 of 4

Tracey Jones

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.…