While COVID-19 continues to spread, many businesses are working to keep their doors open and stave off another shutdown. As part of that effort, and because of the recent full FDA approval of the Pfizer vaccine, we are seeing a trend toward mandatory vaccination policies. This raises questions about how mandatory vaccines, and possible adverse…
The Commission has recently issued decisions in the first extended benefits cases, in which plaintiffs are arguing entitlement to benefits past the 500-week cap provided in the 2011 reform. The cases have only been heard at the Deputy Commissioner level but give some additional insight into how they may be treated in the near future…
A decision has been an issued by the North Carolina Supreme Court in a case that we have been following for quite a few years: Griffin v. Absolute Fire Control, Inc. The Supreme Court affirmed the ruling from the Court of Appeals that was issued in January 2020. The case is now remanded back to…
The Industrial Commission recently passed a number of rule changes which were scheduled to go into effect on two different dates. The first set of rule changes went into effect on December 1, 2020. The rules that went into effect on December 1 included changing the medical charge threshold from $2,000 to $4,000 to dictate…
The North Carolina Industrial Commission recently passed a number of rule changes, which will go into effect on two different dates over the next few months. The first effective date is December 1, 2020, and those rule changes are discussed below. The first significant rule change is to 11 NCAC 23A.0104, which dictates when employers…
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…
The North Carolina Court of Appeals recently issued an unpublished decision in the case of Bache v. TIC-Gulf Coast. The opinion highlights issues relevant to personal travel versus business travel. Plaintiff was hired as a heavy equipment operator by Defendant, an industrial construction company. He relocated from Florida to Wayne County, North Carolina for the…
The North Carolina Court of Appeals recently issued a new opinion concerning the coming and going rule. In the case of Wright v. Alltech Wiring & Controls, the Court provided some guidance concerning the contractual duty and traveling salesperson exceptions to the rule. The deceased worked as an estimator, which required him to visit various…
Opioid use continues to be a growing crisis in North Carolina and across the country. In an effort to continue to take steps to reduce availability and use of prescription pain killers, the Rules Review Commission, part of the Industrial Commission, recently issued proposed rules regarding opioids, prescriptions, and pain management. The rules are specifically…
As opioid use continues to plague the community, as part of the workers’ compensation system and otherwise, North Carolina is one of many states working to take steps to reduce availability and use of prescription pain killers. Per the North Carolina Opioid Action Plan (2017-2021), prepared by the Prescription Drug Abuse Advisory Committee (PDAAC), unintentional…