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…

Deductible Policy Provisions: Potential Cost Savings for Employers

John Tomei

In these challenging economic times, which include inflation and rising costs of workers’ compensation coverage, one way employers can reduce their workers compensation insurance coverage costs is to request the inclusion in their policies of deductible provisions. In addition to premium cost savings, deductible plans can improve employers’ cash flow, provide increased tax deductions, and…

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…

Common Questions Related to the Seven-Day Waiting Period for Workers’ Compensation Claims in North Carolina

Julia Hooten

Employers and adjusters in North Carolina have encountered the seven-day waiting period requirement when an employee is injured on the job and is out of work. While seemingly clear and straightforward, actual application of the seven-day waiting period to certain occupations or situations can be daunting. Seven-Day Waiting Period In North Carolina, the first seven…

Updated Handling Recommendations for COVID-19 Workers’ Compensation Claims in North Carolina

Matt Flammia

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…