Gov. Roy Cooper has nominated Wanda Blanche Taylor for a six-year term as a Commissioner to the Full Commission. Ms. Taylor’s appointment is pending confirmation by the North Carolina General Assembly. If confirmed, Ms. Taylor would take the position currently held by Charlton Allen, whose term ends June 30, 2020. Many of you will know…
The New Year will bring a number of issues to the forefront of workers’ compensation. Though some are familiar, there are a few new issues we anticipate will take center stage in 2020. “Form 63, box 2” In 2019, the “Form 63, box 2,” also known as the medical-only Form 63, became very unpopular with…
In Macias v. BSI Associates, Inc. d/b/a Carolina Chimney, No. COA 19-299 (November 5, 2019), a recent unpublished opinion, the Court of Appeals reiterated its adherence to the Hayes doctrine for determining whether an injured worker is an “employee” and therefore entitled to workers’ compensation benefits, or an “independent contractor” and not entitled to any…
The North Carolina Industrial Commission recently published its 2019 Annual Report. In addition to the statistical overview of fiscal year 2018-2019, (61,776 workers’ compensation claims filed for the fiscal year), the IC also reported that the long-awaited modern case management system is projected to go live by June 2020. The IC realized cost savings by…
Our firm has recently started receiving inquiries regarding the possibility of claimants receiving extended benefits beyond the 500 week cap on TTD in G.S. 97-29. In addition, the issue is also now being raised by eligible injured employees. There have been no decisions on any of the total loss of wage earning capacity claims yet,…
The North Carolina Court of Appeals recently released two decisions that impact the state’s exclusive remedy doctrine. Under N.C. Gen. Stat. § 97-10.1, the North Carolina Workers’ Compensation Act provides an exclusive remedy for unintentional work-related injuries. This provision affords North Carolina employers “limited” liability and allows employers to more accurately calculate their exposures, unlike…
The North Carolina Industrial Commission recently announced a stricter policy, which includes increased sanctions for failing to timely file a Form 60, 61 or 63. Pursuant to an October 2, 2017 Memorandum issued by the North Carolina Industrial Commission, effective December 1, 2017, there will be changes to the sanction amounts and processes for sanctions pursuant to…
Industrial Commission Executive Secretary Meredith Henderson announced this week that beginning Monday, September 18, 2017, the Commission will no longer accept motion filings or motion responses from adjusters or insurance carriers. Documents the Commission will no longer accept from adjusters include Form 24s, and responses to Form 23s, Form 28Us and Form 18Ms, as well…
The North Carolina Court of Appeals left the Industrial Commission scrambling when it issued its September 20, 2016, Opinion in Bentley v. Jonathan Piner Construction, holding the plain language of N.C. Gen. Stat. § 97-84 was violated when the Commission based its Opinion and Award on an Opinion issued by a deputy commissioner who was…
On July 20, 2017, Governor Roy Cooper signed House Bill 26 into law. In response to Wilkes v. City of Greenville, HB 26 amends G.S. § 97-82(b) of the Workers’ Compensation Act, specifically addressing the issue of medical presumption in Wilkes. Please reach out to a member of our Workers’ Compensation team with any questions or concerns.