Breaking News: Legislative Response To Extended Benefits Cases

Matt Flammia

On September 22, 2023, the North Carolina General Assembly passed House Bill 259 which amended G.S. § 97-29 (c) of the Workers’ Compensation Act. Specifically, the Amendment clarified the meaning of “total loss of wage-earning capacity” related to a plaintiff’s entitlement to benefits past the 500-week cap provided in the 2011 reform. As previously discussed, Sturdivant…

NCIC Update July 2023

Tracey Jones

Philip A. Baddour was confirmed by the General Assembly to serve a second term as a commissioner. The 28th Annual North Carolina Industrial Commission Workers’ Compensation Educational Conference will be held October 4 through 6, 2023 at the Raleigh Convention Center. New Mediation Rules Regarding Participation The Supreme Court of North Carolina has approved amendments…

How to Control Prescription Costs to Aid in Settlement

Kyla Block

Prescription medications can be a stumbling block when it comes time to resolve a workers’ compensation claim. Insurance carriers often have preferred vendors they utilize to obtain favorable prescription costs or negotiated agreements with pharmacies, leading to less expensive medical exposure during the pendency of claims. However, claimants are often unable to benefit from these…

NCIC Update April 2023

Tracey Jones

Amber May appointed as the NCIC’s Chief Operating Office Effective June 1, 2023 The Industrial Commission announced that Amber May will serve as its Chief Operating Officer effective June 1, 2023. May currently serves as the Commission’s General Counsel, having returned to the Commission in March of 2022 after eight years as Rules Review Commission…

Updated Guidance on Navigating Second Opinions

Kyla Block

Amended Full Commission Decision Provides Updated Guidance on Navigating Requests for Second Opinions and Clarifies the Issue of Payment Under the Fee Schedule  A long-standing issue under the Workers’ Compensation Act has been second opinions on treatment options under N.C. Gen. Stat. § 97-25(b). The parties have frequently been at odds over whether defendants must…