Update from the North Carolina Industrial Commission

Bruce Hamilton

Industrial Commission Policy Update on In-Person Hearings, Mediations, and Other Procedural Directives. The North Carolina Industrial Commission has adopted an Emergency Rule that in turn allows the Industrial Commission to implement Emergency Orders and Directives of the Chief Justice of the North Carolina Supreme Court. In short, the Industrial Commission wants its operating structure to…

COVID-19 Updates from the National Workers’ Compensation Defense Network

Teague Campbell

The NWCDN, in partnership with the WorkersCompensation.com Center for Education Excellence, has produced a webinar series addressing the most pressing COVID-19 concerns across the nation. The schedule of complimentary webinars and recorded replays can be found here. NWCDN members continue to monitor this pandemic and how it relates to employers and Workers’ Compensation laws in…

Workers’ Compensation Medical Treatment During the COVID-19 Pandemic

Melissa Woodard

Under The North Carolina Workers’ Compensation Act, an injured employee may seek a second opinion from a physician upon which the parties agree. N.C.G.S. § 97-25(b). Likewise, employers may request an Independent Medical Evaluation (IME) of the injured employee. N.C.G.S. § 97-27(a). In the wake of the COVID-19 pandemic, many medical providers that treat work-related…

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 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…