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

Tracey Jones
Workers' Compensation

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.…

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

Tracey Jones
Workers' Compensation

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
Workers' Compensation

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
Workers' Compensation

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.…

COA Issues Opinion Affecting all Mediated Settlement Agreements in Superior Court Civil Actions

Patrick Scott and Tracey Jones
Litigation and Risk Management Services

The North Carolina Court of Appeals recently considered the issue of whether a mediated settlement agreement can be signed by the attorneys on behalf of their clients in the case of Mitchell v. Boswell, ____ N.C.App. ___, ___ S.E.2d ___ (2020). In that case the parties were out of state while their attorneys participated in…

COVID-19 and Workers’ Compensation Implications in North Carolina Due to an Increase in Teleworking

Bruce Hamilton and Tracey Jones
COVID-19, Workers' Compensation

Brief overview of the legal analysis of COVID-19 workers’ compensation exposure in North Carolina. COVID-19 cases must be handled and analyzed on a case-by-case basis; however, based upon the current statute and case law, it is unlikely that suspected COVID-19 or actual COVID-19 cases would be considered compensable under either an injury by accident or…

Occupational Diseases: An Overview

Tracey Jones and Melissa Woodard
Workers' Compensation

There are two categories of workers’ compensation claims: injury by accident and occupational disease claims.  Occupational diseases are contracted over time based on the nature of the employee’s job.  Some of the most common examples are hearing loss, respiratory diseases from alleged exposure to harmful chemicals or dust, and carpal tunnel syndrome. North Carolina has…

Does NC COA decision in Jackson v. The Timken Co. threaten the exclusive remedy doctrine?

Tracey Jones and Chris Stipes
Workers' Compensation

The increasing trend of employers to provide on-site medical staff can have numerous benefits for both employees and employers. Due to convenience, employees may be more likely to utilize the on-site medical services, leading to quicker identification of health issues and easier management of health care needs and costs for both parties. Employees may spend…

Proposed Opioid and Prescription Rules Designed to Combat Opioid Crisis

Tracey Jones and Lindsay Underwood
Workers' Compensation

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…