How Will Layoffs Due to COVID-19 Affect a Claimant’s Entitlement to Workers’ Compensation Indemnity Benefits?

Elizabeth Ligon and Bruce Hamilton

While the North Carolina Industrial Commission has not yet issued any decisions specifically related to COVID-19, there are prior cases that have considered whether a claimant is entitled to indemnity benefits when their disability is the result of economic conditions. In general, when a claimant’s disability is due to an economic downturn, rather than a…

COVID-19 Orders from the NC Department of Insurance Affecting Insurance Companies and Representatives

Carmelle Alipio and William Bulfer

On March 27, 2020, and again on March 30, 2020, Mike Causey, Insurance Commissioner at the North Carolina Department of Insurance issued Orders that N.C.G.S. § 58-2-46 be effective across all North Carolina counties. The Orders are effective until April 26, 2020, and apply to all insurance companies including service corporations, HMO, MEWA, surplus lines…

Best Cyber Security Practices for Working from Home in the Age of COVID-19

Jennifer Milak and Carmelle Alipio

With the spread of COVID-19 continuing across North Carolina, additional restrictions for residents were announced on Monday, March 23, 2020, by Governor Roy Cooper. Restrictions include the closure of more businesses by 5pm on Wednesday, March 25, 2020, and a ban on gatherings of more than fifty people. Employers have had to quickly adjust many…

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

Bruce Hamilton and Tracey Jones

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…