On September 22, 2023, the North Carolina General Assembly passed House Bill 259 which amended G.S. § 97-29 (c) of the Workers’ Compensation Act. Specifically, the Amendment clarified the meaning of “total loss of wage-earning capacity” related to a plaintiff’s entitlement to benefits past the 500-week cap provided in the 2011 reform. As previously discussed, Sturdivant…
Over the holiday season, the Industrial Commission filed the first couple of Deputy Commissioner decisions for COVID-19 claims. Several decisions have been filed under the N.C. Gen. Stat. § 143-166.1 et seq for death benefits for public safety employees, which is a different standard than what is required under the North Carolina Workers’ Compensation Act.…
With many types of benefits available for injured and out of work employees, it can be difficult to remember who is entitled to a credit or offset when an employee is also receiving workers’ compensation benefits. In North Carolina, an out of work injured employee potentially could receive workers’ compensation benefits and Social Security disability…
In North Carolina, an injured employee may recover damages from both the workers’ compensation carrier as well as a third-party tortfeasor. In accepted claims, where a third-party causes the compensable injury, the workers’ compensation carrier is provided an automatic lien against any third-party recovery that the injured employee receives arising out of the compensable incident.…
In North Carolina, most COVID-19-related workers’ compensation cases are rightfully being denied. The thought initially with COVID-19 claims, and still to a degree with the Delta variant, was that while a claimant will have a difficult time establishing a compensable claim, there are several occupations (i.e., health care workers, first responders, etc.) that could have…
As we head into the summer season, there is no better time for a refresher on the calculation of average weekly wages for seasonal employees. Definition of a Seasonal Employee A seasonal employee is one whose primary employment is during “peak” times versus “slack” times. When looking into this issue, it is important to remember…
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 Court of Appeals recently held that Plaintiff’s lay testimony was insufficient to establish increased risk in an occupational disease claim. In Briggs v. Debbie’s Staffing, Inc., Plaintiff worked as a Ceramic Technician, which required him to work a portion of his time on a Voeller machine. The Voeller machine mixes water with various dry…
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…
In addition to creating a medical presumption for accepted claims, the North Carolina Supreme Court’s decision in Wilkes v. City of Greenville has significantly altered the landscape for proving disability. The Court has held that an employee can prove a disability outside of the four methods outlined in Russell v. Lowes Product Distribution. The Court…