Full Commission Affirms Denial in Another Extended Benefits Case Addressing “Total Loss of Wage-Earning Capacity”

Tracey Jones

On May 4, 2022, Commissioners Griffin, Gillen and Phillips affirmed Deputy Commissioner Howell’s August 11, 2021 decision to deny claimant’s request for extended benefits in George E. Tyson, Jr. v. North Carolina Department of Health and Human Services and CCMSI.  The claimant sustained a compensable injury to his lower back on October 8, 2011, while…

NC Court of Appeals Remands Case on Converting Weekly Benefits to Lump-Sum Award to Full Commission

Julia Hooten, Tracey Jones and Shivani Shah

In a recent decision issued by the North Carolina Court of Appeals, Judge Chris Dillion remanded Blackwell v. N.C. Dep’t of Pub. Instruction back to the Full Commission where a claimant’s appeal to convert her weekly benefits to a single, lump-sum award was denied. Background of the Case The claimant was a former high school…

Full Commission Reverses Decision in Extended Benefits Case, Milton Nobles v. NCDHHS and CCMSI

Tracey Jones

On September 29, 2021, the Full Commission entered an Opinion and Award in Milton Nobles v. North Carolina DHHS and CCMSI. The Full Commission reversed Deputy Commissioner Harris’ Opinion and Award and denied claimant’s right to extended benefits beyond the 500 weeks, as well as his claim for PTSD. The Full Commission panel consisted of Commissioner…

Early Trends in North Carolina Extended Benefits Cases and How Comparable Jurisdictions in the Southeast Have Analyzed Similar Statutory Caps

Tracey Jones and Lindsay Underwood

Last Updated: February 2, 2022 The North Carolina Industrial Commission has recently issued decisions in the first round of extended benefits cases, in which claimants are arguing entitlement to temporary total disability benefits past the 500-week cap on benefits. Six cases have been heard and decided at the Deputy Commissioner level, and four of those…

Section 111 Reporting: ORM Termination Dates in North Carolina

Daniel Hayes and Tracey Jones

If a claimant in a workers’ compensation claim is a current Medicare beneficiary, the carrier has certain reporting obligations to the Centers for Medicare and Medicaid Services (CMS).  Under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA), the carrier’s Responsible Reporting Entity (RRE) must not only report any settlement as…

Four Common Types of Occupational Disease Lung Claims Compensable in North Carolina

Tracey Jones

Occupational diseases that attack injured workers’ lungs are often filed with the North Carolina Industrial Commission. The most common lung diseases include: (1) silicosis; (2) asbestosis; (3) byssinosis; and (4) occupational asthma. Silicosis and asbestosis are specifically enumerated in N.C Gen. Stat. § 97-53. Byssinosis and occupational asthma are not specifically enumerated under this statute,…