Matt Mason Adds Depth To TC’s Local Government Services
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Teague Campbell Celebrates Best Lawyers – Ones to Watch
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Teague Campbell Celebrates Best Lawyers – Workers’ Compensation
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Teague Campbell Celebrates Best Lawyers – Insurance Law
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Recognition for Excellence: John Kubis Joins FDCC
We’re proud to share that John Kubis of Teague Campbell has been accepted into the Federation of Defense & Corporate Counsel (FDCC). The FDCC is a community of vetted defense counsel, exceptional leaders, and even better people committed to integrity, professionalism, and advancing civil justice. Membership is by invitation only and reserved for those…
The Danger is Real: Settling a Claim via Clincher with a Current Employee
The Industrial Commission and Court of Appeals decided a case recently that reiterates the potential exposures employers face when they clincher a claim with a current employee. While this practice is necessary in certain cases, there can be future exposures to the employer despite their best intentions to resolve any and all aspects of…
Tracey Jones Recognized For Outstanding Work
We are pleased to recognize Tracey Jones for her recent feature in Schneider’s Worker’s Comp NCC Newsletter. Tracey’s quick resolution of a complex litigation matter, combined with her ability to achieve a favorable early resolution, showcases the dedication and skill she brings to every case. We are proud to have Tracey as a leader…
Debra Bechtel Named Interim County Manager
Please join us in congratulating Debra Bechtel, Senior Counsel at Teague Campbell on her appointment as Interim County Manager for Alexander County. “I am honored to serve as Alexander County’s Interim County Manager,” said Bechtel. “I look forward to collaborating with the Board of Commissioners, county leadership, and the dedicated employees to continue providing…
Free CE Webinar Mini-Series: NC Workers’ Comp Claims Part 3
Please join Kyla Block and Jaden Grimes on Wednesday, April 23, 2025, for the final part of our webinar mini-series, Successfully Handling Workers’ Compensation Claims. Gain valuable insights and practical strategies to navigate these cases with confidence. Register here: https://lnkd.in/ejHFMZ9S Author Hunter Schenk View all posts
Multifamily & Property Management Soars Out Of This World!
Our Multifamily & Property Management Practice Group had a fantastic time at the Triangle Apartment Association Trade Show! From cosmic-themed booths to meaningful conversations, it was a perfect opportunity to connect with industry professionals and celebrate the vibrant multifamily community. We’re proud to be surrounded by so many dedicated and inspiring leaders. Until next orbit –…
Significant Changes Coming to North Carolina Homeowners’ Association Law?
North Carolina House Bill 444, introduced on March 18, 2025, proposes significant changes to the laws governing homeowners’ associations (“HOAs”) and condominium associations across the state. These reforms aim to enhance transparency, accountability, and fairness in HOA operations. Below is a summary of the bill’s key provisions: 1. Amendments to HOA Declarations Apply Only…
Injury Reporting – NC Workers’ Comp Act
Effective resolution of a workers’ compensation claim begins by successfully navigating the injury reporting requirements of the NC Workers’ Compensation Act. Failure to do so can result in significant difficulties and issues throughout the life of the claim. Straightforward internal practices should be implemented to ensure accurate and proper claim reporting. Requirements under the…
We’re excited to introduce Teague Campbell’s new MULTIFAMILY & PROPERTY MANAGEMENT Practice Group! Congratulations to Brian Duncan and Sarah Reddy, Esq. on leading this exciting new initiative!
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Avoiding Fees and Penalties: Key Updates on the Report of Mediator Fee
Anyone involved in workers’ compensation law—whether as a defense attorney, plaintiff’s attorney, adjuster, or injured worker—is familiar with the various fees collected by the North Carolina Industrial Commission. As we settle into 2025, it’s important to stay aware of deadlines and potential consequences for late payments. Recently, the Industrial Commission issued updated guidance on the…
New Law Brings Uncertainty to How Local Governments Handle Zoning Regulations
The North Carolina Legislature recently enacted SB 382, introducing significant changes to its zoning laws. These modifications were tucked into the final section of the Disaster Recovery Act of 2024, which was promoted as a relief package for communities affected by Hurricane Helene. The zoning provisions of the bill expand the statutory definition of “down-zoning”…
Teague Campbell Promotes Megan Silver To Partner
Teague Campbell is pleased to announce that attorney Megan Silver has been promoted to partner. She is based in the firm’s Asheville office and is a member of the litigation and risk management team, which represents a variety of industries on liability matters. Megan was admitted to the North Carolina State Bar in August 2009, after graduating…
Free CE Webinar Mini-Series: NC Workers’ Comp Claims Part 1
Please join Julie Hooten and Myles Rogers on Wednesday, February 19th, for Part 1 of our webinar mini-series, Successfully Handling Workers’ Compensation Claims. Gain valuable insights and practical strategies to navigate these cases with confidence. Register here: https://lnkd.in/eNQgRpH Author cheinsohn View all posts
Teague Campbell Presents Two Scholarships for DEI Initiatives
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Teague Campbell Included in the 2025 Best Law Firms List from Best Lawyers®
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Teague Campbell Welcomes Four Distinguished Attorneys to Its Team
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12 Attorneys Recognized by The Best Lawyers in America© 2025
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Defense Counsel Perspective: Five Tips for Preparing for Mediation
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Why The Right to Direct Medical Treatment in a Workers’ Compensation Claim is not Absolute
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Four Attorneys Selected to the 2024 NC Super Lawyers List
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Partner Heather Baker voted to Legal Elite 2024
Teague Campbell is honored to share that Attorney Heather Baker has been recognized in Business North Carolina’s 23rd Class of Legal Elite. The selection process for Legal Elite requires attorneys to be nominated and voted on by their peers. Heather was nominated for the “Young Guns” category, which distinguishes up-and-coming attorneys that are…
Teague Campbell Promotes Dan Strong To Partner
Teague Campbell is pleased to announce that attorney Dan Strong has been promoted to partner. He is based in the firm’s Raleigh office and is a member of the litigation and risk management team, which represents a variety of industries on liability matters. Dan was admitted to the North Carolina State Bar in 2015, after…
Attorney Pete Dworjanyn Joins Teague Campbell’s Insurance Coverage Team
Teague Campbell is proud to welcome Pete Dworjanyn to the firm as a member of the insurance coverage team. Pete is licensed in South Carolina and has been handling insurance coverage matters for over 20 years. “We are excited to have Pete join our firm and expand our coverage practice,” said Bill Bulfer, Chair of…
Teague Campbell Included in the 2024 Best Law Firms List from Best Lawyers®
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Breaking News: Legislative Response To Extended Benefits Cases
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Navigating Workplace Violence Claims Under the North Carolina Workers’ Compensation Act
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Twenty-Two Attorneys from Teague Campbell Recognized in the Best Lawyers in America© 2024
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Court of Appeals Recent Interpretation of Contributory Negligence
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Revisiting the Pleasant Standard: Estate of Rodney Baker v. David W. Reinhart and Randy Reinhardt
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Teague Campbell’s Courtney Britt and Jennifer Milak Elected Council Members of the NCBA
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Dan Strong and Matt Little Obtain Favorable Opinion From the Fourth Circuit Court of Appeals in a Louisiana Products Liability Case Involving a North Carolina Insured
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John Kubis and Megan Silver Obtain Favorable Opinions From the North Carolina Court of Appeals and North Carolina Supreme Court in Public Official Immunity Case
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The Case for Mentoring: Navigating New Beginnings and Tapping the Gas Pedal
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2023 Black History Month Book Drive
Each year, in celebration of February’s Black History Month, Teague Campbell has an annual book drive to promote literacy within the minority populations of Wake County. The goal is to disseminate books featuring black and/or minority characters in the hopes that intentional exposure will spark an increased interest in reading. Thanks to the many members…
Livestreaming a Traffic Stop Recognized as a Constitutional Right by the Fourth Circuit
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Gilliam v. Foothills Temporary Employment: Calculating Summer Employees’ Average Weekly Wage
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Attorney Clark Drummond Joins Teague Campbell’s Raleigh Office
Teague Campbell is happy to announce Clark Drummond has joined our Raleigh Office! Coming from a family of entrepreneurs, Clark is committed to using his legal skills to find business-minded solutions for his clients. Raised in High Point, North Carolina, Clark attended Campbell Law School, where he was heavily involved in the law community. Clark…
Withdrawal of Sturdivant v. NC DPS Opinion: The Impact on Workers’ Comp Extended Benefits
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Becky Thornton Named to Power Attorneys List for Business Defense
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Teague Campbell Attorney Patrick Scott Elected to the Board of Directors for the NC Association of Police and Sheriffs’ Attorneys
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North Carolina Supreme Court Sets New Precedent for Medical Malpractice Liability
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Bill Bulfer Authors DRI Article Addressing The Role of Coverage Counsel in Resolving Risk – Trucking Edition
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Teague Campbell Awards Two Diversity, Equity and Inclusion Scholarships
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Six Attorneys Selected to the 2023 NC Super Lawyers and Rising Stars Lists
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Attorney Bill Bulfer Authors DRI Article Addressing the Intersection of ESG and Insurable Risk
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2023 Update on COVID-19 Workers’ Compensation Claims in North Carolina
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Attorney Daniel Perry Joins Teague Campbell’s Raleigh Office
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NC Supreme Court Sets New Precedent for Medical Malpractice Liability for Specialized Nurses
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A Cautionary Tale of Amending Ordinances: Frazier v. Town of Blowing Rock
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Frequently Asked Employer Questions: Adverse Weather Conditions Policies
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Attorneys Elizabeth Ligon and Logan Shipman Publish Article in LexisNexis Workers’ Compensation Emerging Issues Analysis
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An Historical Analysis of North Carolina’s Extended Benefits Cap and Potential Constitutional Challenges to N.C. Gen. Stat. § 97-29
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Frequently Asked Employer Questions: Accommodating Religion in the Workplace
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Teague Campbell Included in the 2023 Best Law Firms List Released by U.S. News – Best Lawyers®
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Two Return to Work Decisions Shed Light on Determining Factors Considered by NC Court of Appeals on Disability
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Charlotte W. Clark Diversity, Equity and Inclusion Scholarship for Law Students
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Frequently Asked Employer Questions: What to Do if an Employee Is Arrested Outside of Work Hours
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From Deese to Booker: Workers’ Compensation Death Benefits in North Carolina
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NC Court of Appeals Issues Decision of First Impression Regarding Multiple Underinsured Tortfeasors and Multiple UIM Insurance Policies
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Frequently Asked Employer Questions: Auditing Employee Pay Structures
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North Carolina Full Commission Reaffirms Applying Revised Standard in Third Extended Benefits Decision
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Nineteen Attorneys from Teague Campbell Recognized in the Best Lawyers in America© 2023
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Product Liability Defense: Subsequent Alteration or Modification of Product
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Recent Full Commission Decision Provides Guidance on How to Navigate Requests for Second Opinions and Payment Under the Fee Schedule
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Take Your Claimant How You Find Them: Reaffirming Eggshell Plaintiff Rule
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Frequently Asked Employer Questions: State Health Plan and Gender Affirming Medical Services
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Workers’ Compensation Coverage Considerations for Subcontractors
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Duty to Disclose Material Facts: Claims Against Real Estate Agents After Cummings v. Carroll
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North Carolina Workers’ Compensation Disability Reduction and Credits
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Frequently Asked Employer Questions: How to Manage an Employee’s At-Home Workspace
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Full Commission Affirms Denial in Another Extended Benefits Case Addressing “Total Loss of Wage-Earning Capacity”
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Attorneys Alison Rossi and Logan Shipman Join Teague Campbell’s Raleigh Office
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NC Court of Appeals Decision Reaffirms Contributory Negligence Defense is Not Absolute
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Deductible Policy Provisions: Potential Cost Savings for Employers
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Frequently Asked Employer Questions: Can Employers Mandate Return to Office?
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Attorney William Bulfer Admitted to American College of Coverage Counsel
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Contesting Compensability: NC Court of Appeals Remands Case on Establishing Causation
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The Case for Mentoring: Meeting Attorneys Where They Are
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NC Court of Appeals Remands Case on Converting Weekly Benefits to Lump-Sum Award to Full Commission
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Three Teague Campbell Attorneys Featured in Power Attorney List for Workers’ Compensation
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Attorney Tracey Jones Inducted Into the College of Workers’ Compensation Lawyers
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Common Questions Related to the Seven-Day Waiting Period for Workers’ Compensation Claims in North Carolina
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Updated Handling Recommendations for COVID-19 Workers’ Compensation Claims in North Carolina
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North Carolina Factors in Futility: Monroe v. MV Transportation
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The Second NC Full Commission Decision Regarding an Extended Benefits Case is a Win for Defendants
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A Shield or a Roadblock: Competing Indemnification Provisions in Litigation
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Teague Campbell Awards Two Diversity and Inclusion Scholarships
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Five Teague Campbell Attorneys Named to the 2022 North Carolina Super Lawyers and Rising Stars Lists
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Teague Campbell Promotes Lindsay Underwood to Partner
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2022 Medicare Safe Harbor & Reporting Threshold for Liability, No-Fault, and Workers’ Compensation Settlements Remains at $750
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The PAID Act is Now Active, Allowing Access to Enrollment Information for Medicare Parts C and D
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Recorded Statements: Tips for Workers’ Compensation Adjusters
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Investment Advisor vs. Financial Advisor: The Differences Explained
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The Graves Amendment and the Vicarious Liability Landscape in North Carolina
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The Equality Act: Reinforcing Bostock and Dealing with Workplace Harassment
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County Implementation of New Medical Malpractice Law in North Carolina
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Teague Campbell Included in the 2022 Best Law Firms List Released by U.S. News – Best Lawyers®
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Deputy Commissioner Issues Opinion and Award in Extended Benefits Case, Tapper v. Penske Logistics, LLC
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Who Has Jurisdiction on a Workers’ Compensation Bad Faith Claim in NC?
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Full Commission Reverses Decision in Extended Benefits Case, Milton Nobles v. NCDHHS and CCMSI
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Criminal Justice Reform in North Carolina: Important Changes for Local Law Enforcement Agencies
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Early Trends in North Carolina Extended Benefits Cases and How Comparable Jurisdictions in the Southeast Have Analyzed Similar Statutory Caps
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Voluntary CMS Submission: New Language in Consent to Release Form
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The Compensability of Adverse Reactions to Mandatory Vaccines in NC
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Cybersecurity for Municipalities: Insurance, Trends and Best Practices
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What Happens When Public Employees’ Social Media Posts Disrupt the Workplace?
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Contractor and Subcontractor Liability in Workers’ Compensation: Who is the Statutory Employer?
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Twenty Attorneys from Teague Campbell Recognized in the Best Lawyers in America© 2022
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Section 111 Reporting: ORM Termination Dates in South Carolina
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Zebra Cobra: A Survey of Animal Control Laws in North Carolina
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Attorney Shivani Shah Joins Teague Campbell’s Raleigh Office
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What a Recent Court Decision Could Mean for Dismissing Workers’ Compensation Claims with Prejudice
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Common Provisions for Municipalities to Include in Independent Contractor Agreements
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Attorney Debra Bechtel Receives Distinguished Service Award
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Attorney Debra Bechtel Joins Teague Campbell’s Asheville Office
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4th Circuit Holds No Private Cause of Action Exists Under HIPAA: Payne v Taslimi
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Attorney Megan Silver Joins Teague Campbell’s Asheville Office
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Out-of-State Workers’ Compensation Injuries: NC Jurisdiction and Insurance Coverage Implications
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North Carolina Supreme Court Expands Sound Basic Education to Encompass Deliberate Indifference Claims
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Change on the Horizon: What the Government Transparency Act Could Mean for Public Employers
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Early Trends in North Carolina Extended Benefits Cases
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COVID-19 Limited Immunity Act: A Welcomed Degree of Certainty for North Carolina Businesses
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The Advantages of Retaining Coverage Counsel to Defend Insurance Agencies in Errors and Omissions Claims
Authors wbulfer View all posts mcook View all posts
Section 111 Reporting: ORM Termination Dates in North Carolina
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Four Common Types of Occupational Disease Lung Claims Compensable in North Carolina
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The Economic Loss Rule in a “Crescent University” Landscape: What Subcontractors and Subsequent Purchasers Should Know
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The Undeniable Power of Twelve: Why Civil Defendants Should be Slow to Shrink the Jury
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Insurance Coverage Implications for Business Owners and Executives in North Carolina under the Workers’ Compensation Act
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Chapter 90 and 42 U.S.C. Section 1983: Raising the Bar for Pro Se Plaintiffs
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Communicable Diseases and Workers’ Compensation: Critical Factors for Determining Compensability, Part 3 of 3
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What the New American Rescue Plan Act Means for City and County Employers
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Communicable Diseases and Workers’ Compensation: Critical Factors for Determining Compensability, Part 2 of 3
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Futility Frustration: NC Supreme Court Affirms Workers’ Comp Decision on Disability
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Communicable Diseases and Workers’ Compensation: Critical Factors for Determining Compensability, Part 1 of 3
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Attorney Lindsay Underwood Recognized for work with Legal Aid of NC
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Defending Psychological Workers’ Compensation Claims in North Carolina: Part 4 of 4
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Defending Psychological Workers’ Compensation Claims in North Carolina: Part 3 of 4
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2021 Medicare Safe Harbor & Reporting Threshold for Liability, No-Fault, and Workers’ Compensation Settlements
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Defending Psychological Workers’ Compensation Claims in North Carolina: Part 2 of 4
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Teague Campbell Donates 80 Books to Local Elementary School
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Reminders for NC Adjusters When Requesting Medical Information from Treating Physicians
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Settlement Agreements—Not Always the End When Lacking Mutual Consent
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Defending Psychological Workers’ Compensation Claims in North Carolina: Part 1 of 4
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How to Effectively Cancel Workers’ Compensation Policies in North Carolina
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The Removal of Confederate Monuments: Considerations for Municipalities
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Medicare Set Asides in Denied Workers’ Compensation Settlements
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Daniel Hayes Makes Full Transition to Medicare Settlement Solutions
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Regulation Best Interest and Customer Dispute Arbitrations: Uncertainty Ahead
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Five Teague Campbell Attorneys Named to the 2021 North Carolina Super Lawyers and Rising Stars Lists
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Determining Average Weekly Wage in Occupational Disease Claims in NC
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Teague Campbell Awards First Diversity and Inclusion Scholarship
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COA Issues Opinion Affecting all Mediated Settlement Agreements in Superior Court Civil Actions
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Teague Campbell Included in the 2021 Best Law Firms List Released by U.S. News – Best Lawyers®
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17 Attorneys from Teague Campbell Were Recognized in the Best Lawyers in America© 2021
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COVID-19 Updates from the National Workers’ Compensation Defense Network
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SCOTUS Holds That Title VII’s Prohibition on Sex-Based Discrimination Also Prevents Discrimination Against Homosexual and Transgender People
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Employment Law: COVID-19 Question of the Week 7
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Employment Law: COVID-19 Question of the Week 6
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Employment Law: COVID-19 Question of the Week 5
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Unmasking the Confusion: COVID-19 – Are Employees Required to Wear Masks?
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Employment Law: COVID-19 Question of the Week 4
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Is the Force With You? Force Majeure Clauses, COVID-19 and Contracts
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Employment Law: COVID-19 Question of the Week 3
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Significant Changes Coming for Brokers Seeking an Expungement of Customer Dispute Information
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Workers’ Compensation Medical Treatment During the COVID-19 Pandemic
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COVID-19 and the Potential for a Significant Increase in FINRA Arbitrations
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Employment Law: COVID-19 Question of the Week 2
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The “New Normal” for Practicing Law in North Carolina During COVID-19
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COVID-19 and Workers’ Compensation Laws: A National Resource Bank from NWCDN
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Employment Law: COVID-19 Question of the Week
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The North Carolina Judicial Branch’s Response to COVID-19 (including updates from the NCIC and U.S. District Courts)
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The Top 10 Things You Need to Know About the FFCRA
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Employers’ Obligations Under the WARN Act in Light of COVID-19
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How Will Layoffs Due to COVID-19 Affect a Claimant’s Entitlement to Workers’ Compensation Indemnity Benefits?
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COVID-19 Orders from the NC Department of Insurance Affecting Insurance Companies and Representatives
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Best Cyber Security Practices for Working from Home in the Age of COVID-19
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COVID-19 and Workers’ Compensation Implications in North Carolina Due to an Increase in Teleworking
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Attorney Jim Stanley Joins Teague Campbell’s Raleigh Office
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2020 Forecast: Overview of Upcoming Issues in Workers’ Compensation
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Five Teague Campbell Attorneys Named to the 2020 North Carolina Super Lawyers and Rising Stars Lists
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Court of Appeals Sees Through Attempt to Skirt Workers’ Compensation Rules on Employees and Independent Contractors
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Attorney Dan Strong Joins Teague Campbell’s Raleigh Office
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Best Practices for Prevention and Management of Litigation against Educators
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Extended Benefits Beyond the 500 Week Cap: Refresher on the 2011 Reforms
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Daniel Hayes Earns Certified Medicare Secondary Payer Certification
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Teague Campbell included in the 2020 Best Law Firms List Released by U.S. News – Best Lawyers®
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Attorneys Carmelle Alipio and Patrick Scott Join Teague Campbell’s Raleigh Office
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Attorney Megan Cook Joins Teague Campbell’s Raleigh Office
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13 Attorneys from Teague Campbell Dennis & Gorham, LLP Recognized in the Best Lawyers in America© 2020
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Implications of Recent Case Law on the Exclusive Remedy Doctrine
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Policy Cancellation – a Mission Made More Impossible
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Is Plaintiff Making a Claim of Emotional Distress or Lost Earning Capacity?
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Kyla Block and Melissa Woodard Obtain Favorable Opinion from Full Commission Regarding Nuanced Disability Claim
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Does NC COA decision in Jackson v. The Timken Co. threaten the exclusive remedy doctrine?
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Revised N.C. Gen. Stat. § 22B-1 Will Go Into Effect August 1st
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Matt Little and Becky Thornton Obtain Favorable Opinion from United States Court of Appeals in Animal Genetics Case
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Recent SCOTUS Ruling Reminds Employers to Assert Failure to Exhaust Defense Early in Litigation
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Three Attorneys Contribute to the DRI Insurance Rescission Compendium
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January 31: NCBA Insurance Law “Back to the Basics” Program
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Seven Teague Campbell Attorneys Named to the 2019 North Carolina Super Lawyers and Rising Stars Lists
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Supporting #KidsChance
Bruce Hamilton and Heather Baker visiting Kids’ Chance of America at the National Workers’ Compensation & Disability Conference in Las Vegas. Author Teague Campbell View all posts
Emerging Issues: Workplace Harassment and Workers’ Compensation in the #MeToo Era
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Daniel Hayes Joins John Cattie for Medicare Set Aside Presentation at SCWCEA Educational Conference
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Teague Campbell Included in the 2019 Best Law Firms List Released by U.S. News – Best Lawyers®
Teague Campbell Dennis & Gorham, LLP is proud to announce that the firm has once again been recognized by U.S. News & World Report and Best Lawyers® in their 2019 “Best Law Firms” rankings. U.S. News reports that, “firms included in the 2019 Edition of “Best Law Firms” are recognized for professional excellence with consistently…
Intoxication and Work-Related Injuries: Pitfalls and Advice
With prescription drug and opioid addiction on the rise in America and an estimated 20 million Americans in need of treatment for drug or alcohol addiction, the prevalence of drug and alcohol use in the workplace is a serious concern for employers. As you might imagine, working under the influence of an intoxicating substance can…
Mixed Results In Appeal Of Civil Suit By Workers’ Compensation Insurer, Company Representatives
A recent civil case involving a workers’ compensation claim examines the bounds of third-party beneficiary status in North Carolina. Seguro-Suarez v. Key Risk Insurance Co. began as a workers’ compensation case filed at the North Carolina Industrial Commission. However, the case recently decided by North Carolina’s Court of Appeals is a civil case which was…
12 Attorneys from Teague Campbell Dennis & Gorham, LLP Recognized in The Best Lawyers in America© 2019
Teague Campbell is proud to announce that 12 of its attorneys were recently selected by their peers for inclusion in The Best Lawyers in America© 2019. The firm maintains its reputation among clients and peers by consistently being recognized by organizations such as Best Lawyers®. The firm is also pleased to announce that Bruce A. Hamilton…
Bruce Hamilton Selected as One of the 2018 North Carolina Lawyers Weekly Leaders in the Law
Teague Campbell would like to congratulate Bruce Hamilton, who has been selected as one of the 2018 North Carolina Lawyers Weekly Leaders in the Law. Lawyers Weekly states that, “these honorees represent the most influential individuals within our state’s legal community; those who have gone above and beyond in their profession and their community. They…
Elizabeth Ligon Leads Panel for NWCDN
Teague Campbell attorney Elizabeth Ligon led a panel on managing multi-jurisdictional issues and their challenges with Elizabeth Bailey of Waffle House and Tom Shaver of Zenith Insurance Company at the NWCDN Regional Conference in New Orleans, LA on July 20, 2018. The National Workers’ Compensation Defense Network (NWCDN) is a network of law firms dedicated…
News at the Industrial Commission
Commissioner Myra L. Griffin was confirmed to the Full Commission on June 29, 2018 to fill the unexpired term of former Commissioner Linda Cheatham. Governor Cooper appointed Commissioner Griffin as an emergency appointment to allow her to act as a Full Commissioner prior to her confirmation by the legislature. Commissioner Griffin will serve the remainder…
Did You Know? The IC Rules Have Been Recodified
Did you know that, effective June 1, 2018, the Industrial Commission’s Rules were recodified from Title 04 Chapter 10 of the North Carolina Administrative Code to Title 11 Chapter 23 of the Administrative Code? According to the NCIC’s website, all references and citations to an Industrial Commission Rule on or after June 1, 2018, should…
#MeToo Movement is Motivating a Potential Ban on Arbitration in Sexual Harassment Cases
Background The #MeToo movement has gripped headlines for months by highlighting the prevalence of sexual harassment, with the entertainment industry and politics being a particularly high-profile focus. By bringing these issues to the forefront of consciousness, legislators are finally beginning to explore methods to address these pervasive issues. One such effort is the federal “Ending…
Teague Campbell Attorneys Contribute to DRI’s Lastest Compendium
Attorneys Courtney Britt and Bill Bulfer wrote the North Carolina Chapter in the Unfair Claims Settlement Practices Compendium published by the Defense Research Institute. The compendium surveys insurance law and practices in all 50 states, the District of Columbia, and the U.S. Virgin Islands. It focuses on claims handling and timing issues, providing references to applicable…
The Developing Disability Dilemma
Recent rulings from The North Carolina Supreme Court and Court of Appeals have set Workers’ Compensation Defendants somewhat adrift regarding the burdens of proof relating to disability. With this uncertainty, and to counter the testimony historically provided by Plaintiffs seeking indemnity benefits, Defendants involved in complicated disability disputes should consider early involvement of a vocational…
Social Media: Avoiding Legal Pitfalls for Employers
According to the most recent Pew Research Center survey, roughly three-quarters of adults in the United States use some form of social media, and most of those social media users visit their preferred platforms daily. This prolific social media use can create concerns for management, as employers often want to limit not only their employees’…
Teague Campbell Sponsors Women of Widsom Celebration in Asheville
Teague Campbell is proud to sponsor the 2018 Women of Wisdom Celebration hosted by the WNC Chapter of the North Carolina Association of Women Attorneys. The event will honor women licensed to practice law for 25 years with a Silver Service Award. Congratulations to all of this year’s honorees! Mindy Wudarsky, in our Asheville office,…
Tax Liens and Workers’ Compensation Benefits: Who Gets the Money?
Every employer has been there before. You hire a new employee and everything is going smoothly, until one day you receive a letter from the North Carolina Department of Revenue compelling you to withhold an amount from your new employee’s paychecks to satisfy an outstanding tax obligation the employee owes. In the boilerplate of that…
Matt Little Obtains Directed Verdict in Products Liability Case
Teague Campbell attorneys Matt Little and Lindsey Revels tried a product liability case for St. Clair Foods, a food manufacturer from Memphis, Tennessee, in Wake County Superior Court before the Honorable Carl Fox. The case involved issues of negligence and breach of the implied warranty of merchantability related to an allegation of food poisoning. The…
Teague Campbell Supports the Raleigh-Durham Chapter of AWWC
Teague Campbell sponsored the inaugural event for the Raleigh-Durham Chapter of the Alliance of Women in Workers’ Compensation (AWWC). AWWC is a nonprofit organization that brings together an entire industry of professional women to work together for the common good. Their goal of inclusivity is manifested in their encouragement of men and women alike to participate in the…
NCIC Opioid and Prescription Drug Rules Effective May 1, 2018
As the state of North Carolina continues its efforts to combat the opioid crisis, the Rules Review Commission, part of the North Carolina Industrial Commission, approved nine rules regarding opioids, prescriptions, and pain management in workers’ compensation claims that go into effect today, May 1, 2018. The rules are specifically meant to address problems arising…
Best Practices for Workplace Policies in the Age of #MeToo
Harvey Weinstein. Roger Ailes. Bill O’Reilly. Steve Wynn. Matt Lauer. Charlie Rose. Kevin Spacey. Louis CK. Famous men who became infamous in the age of #MeToo. Following the allegations against Harvey Weinstein, calls to RAINN (Rape, Abuse & Incest National Network) are up 21 percent. The BBC has seen a sudden increase in sexual harassment…
TCDG Continues Tradition of Honoring Employees Through Charitable Donations
Teague Campbell is proud to continue its tradition of honoring employee birthdays with a donation to the charity of their choice. Each month TCDG contributes to a variety of charities in and around North Carolina. Here are just a few of the wonderful organizations that have been chosen: SPCA Meals on Wheels of Wake County…
“Common Sense Isn’t Enough”
The Court of Appeals recently held that Plaintiff’s lay testimony was insufficient to establish increased risk in an occupational disease claim. In Briggs v. Debbie’s Staffing, Inc., Plaintiff worked as a Ceramic Technician, which required him to work a portion of his time on a Voeller machine. The Voeller machine mixes water with various dry…
North Carolina Court of Appeals Issues Decisions Analyzing Disability Post-Wilkes
The Court of Appeals recently released two decisions that analyzed issues relating to disability – specifically, the burden of proving futility – post-Wilkes v. City of Greenville. In Adame v. Aerotek, an unpublished decision, Plaintiff sustained a low back injury in June 2013. After receiving conservative treatment with multiple doctors, Plaintiff was ultimately released with…
SCOTUS Confirms Narrow Scope of Dodd-Frank “Whistleblowers”
In February 2018, the United States Supreme Court issued a decision that resolved a circuit court split by siding with the narrower definition of a “whistleblower” under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”). In its decision, the Supreme Court made clear that an employee must first report a securities…
Attorney Daniel Hayes Inducted Into The College of Workers’ Compensation Lawyers
Teague Campbell is proud to announce that on March 3, 2018, Asheville Partner Daniel Hayes was officially inducted into The College of Workers’ Compensation Lawyers. He joins just 23 fellows from North Carolina, including Raleigh Partner Bruce Hamilton, inducted in 2011. Fellows are nominated to the College by their peers for possessing the highest professional…
March Updates from the NC Industrial Commission
Two long-time Deputy Commissioners have recently been nominated by Governor Roy Cooper for appointment to the Full Commission. Deputy Commissioners Robert J. Harris and Myra L. Griffin have both served in their current roles since 2005, adjudicating cases and conducting full evidentiary hearings around the state. Their appointments are pending confirmation by the North Carolina…
Third Party Subrogation Liens
Workers’ compensation employers’ subrogation lien rights have received attention in recent years in the appellate courts. The North Carolina Supreme Court recently issued an opinion in Easter-Rozzelle v. City of Charlotte which clarified the impact of a third party settlement made without the written consent of the employer on the workers’ compensation claim, claimant’s entitlement…
Proposed Opioid and Prescription Rules Designed to Combat Opioid Crisis
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…
Six Teague Campbell Attorneys Named to the 2018 North Carolina Super Lawyers and Rising Stars Lists
We are pleased to announce that three attorneys from Teague Campbell Dennis & Gorham, LLP have been selected to the 2018 North Carolina Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in North Carolina. Additionally, three attorneys from Teague Campbell have been selected to the 2018 North…
Truck Driving: Why This Industry May be the Answer to Resolving Your WC Claim
After practicing law in the field of workers’ compensation for eleven years, I decided to return to school. Not business school; not for an LMS or other decorative degree which would typically boost the resume of a partner within a larger firm. Instead, I enrolled in Johnston Community College’s Truck Driver Training program, in Smithfield,…
Attorney Chris Stipes Joins Teague Campbell Dennis & Gorham, LLP
Teague Campbell Dennis & Gorham, LLP is pleased to welcome Christopher J. Stipes to the firm’s Raleigh office. Chris received his Juris Doctor from the University of the Pacific and practiced law in California for six years with a focus on insurance defense, construction defect and employment law matters. Chris and his family now call…
NC Focuses on Misclassification of Employees through Employee Classification Section of NCIC
Starting on December 31, 2017, the North Carolina Industrial Commission will have a permanent Employee Classification Section charged with investigating and punishing employers who misclassify employees as independent contractors. The Employee Classification Section was initially created through an executive order signed by former Governor Pat McCrory on December 18, 2015, Executive Order No. 83. The…
Independent Contractor vs. Subcontractor – Two Different Analyses, Not Exclusive of the Other
An independent contractor is an individual who generally falls outside of the structure of the Workers’ Compensation Act. Whether a person employed to perform specified work for another is to be regarded as an independent contractor or as an employee within meaning of Workers’ Compensation Act is determined by application of ordinary common-law tests. Youngblood…
Teague Campbell Included in the 2018 Best Law Firms List Released by U.S. News – Best Lawyers®
Teague Campbell is proud to announce that the firm has once again been recognized by U.S. News & World Report and Best Lawyers® in their 2018 Best Law Firms rankings. U.S. News reports that, “firms included in the 2018 Best Law Firms list are recognized for professional excellence with persistently impressive ratings from clients and…
Teague Campbell Remembers John Wishart Campbell
On October 24, 2017, legendary trial attorney John Wishart Campbell, 94, passed away at his residence in Lumberton, N.C. Mr. Campbell took his oath in 1949, was a partner in two Lumberton firms, and later became one of the founding partners of Teague Campbell Dennis & Gorham, LLP in Raleigh, N.C. As his obituary highlights,…
North Carolina Court of Appeals Considers Post-Injury Wages to Determine Average Weekly Wage
In Ball v. Bayada Home Health Care, Plaintiff worked for Bayada as a certified nurse’s assistant for nine months before she was transferred to a new location and began working with a single client. As a result of this change, Plaintiff’s hourly wage and number of hours increased. Plaintiff sustained a work-related injury on February…
Matt Little Joins ABOTA
Congratulations to Matt Little on his recent invitation to join the American Board of Trial Advocates! ABOTA has chapters in every state, and their members constitute an elite group of trial lawyers, nationwide. The general purpose of ABOTA, as stated on their website, is to “foster improvement in the ethical and technical standards of practice…
NCIC Announces Changes to Sanctions Policy
The North Carolina Industrial Commission recently announced a stricter policy, which includes increased sanctions for failing to timely file a Form 60, 61 or 63. Pursuant to an October 2, 2017 Memorandum issued by the North Carolina Industrial Commission, effective December 1, 2017, there will be changes to the sanction amounts and processes for sanctions pursuant to…
Medicare to Deny Payment for Services Related to MSAs in Liability Settlements
Although there is still no official procedure for submitting Liability Medicare Set-Aside Arrangements (LMSAs) to the Centers for Medicare & Medicaid Services (CMS) for review and approval, CMS announced in a written release to physicians and medical providers/suppliers that, effective October 1, 2017, it intends to deny payment for services under diagnosis codes associated with…
Change in North Carolina Workers’ Compensation Procedure: Insurance Carriers No Longer Allowed to File Motion Pleadings at Commission
Industrial Commission Executive Secretary Meredith Henderson announced this week that beginning Monday, September 18, 2017, the Commission will no longer accept motion filings or motion responses from adjusters or insurance carriers. Documents the Commission will no longer accept from adjusters include Form 24s, and responses to Form 23s, Form 28Us and Form 18Ms, as well…
‘I don’t need no stinkin’ expert!’ (Yes. You do.)
Following North Carolina’s July 2017 legislative change to the North Carolina Workers’ Compensation Act, one might have put aside concerns over Wilkes v City of Greenville; resting assured that the slippery slope within NC Workers’ Compensation claims as to compensability of late-reported and or ‘new’ injury conditions remained merely that, a slippery slope, rather than…
Partner Henry Gorham Announces His Retirement
Effective December 31, 2017, named partner Henry W. Gorham will begin a well-deserved retirement, while remaining in an advisory role as “Of Counsel” for the firm. As one of the founding members of Teague Campbell Dennis & Gorham, LLP, Henry has been actively involved in shaping the legal landscape in North Carolina and is revered…
Supporting The Food Bank
Partners Dayle Flammia and John Tomei volunteered at the Food Bank this morning, sorting items for distribution. The Raleigh office of TCDG has also been collecting non-perishable food that will be donated to The Food Bank. Please visit The Food Bank of Central & Eastern North Carolina’s website for more information. Author Teague Campbell…
Industrial Commission Fraud Division Arrests Plaintiff for Workers’ Compensation Fraud
If you have worked on the defense side of workers’ compensation claims for any period of time, the above headline likely sounds like a work of fiction. While we have all heard of the elaborate measures the NCIC Fraud Investigation Unit takes to prosecute employers who fail to maintain proper insurance coverage, the idea of…
Equal Pay: The Next Big Issue
The last two years have seen rapid changes in equal pay legislation, and the nation-wide trend of enacting and amending equal pay legislation to provide greater protection for employees, and impose increased obligations on employers, is showing no signs of slowing. With equal pay legislation trending across the country, employers can expect to see a…
14 Attorneys from Teague Campbell Dennis & Gorham, LLP Recognized in The Best Lawyers in America© 2018
Teague Campbell is proud to announce that 14 of its attorneys were recently selected by their peers for inclusion in The Best Lawyers in America® 2018. The firm maintains its reputation among clients and peers by consistently being recognized in national publications such as Best Lawyers®. The firm is also pleased to announce that Bryan…
Attorney Mike Sigmon Joins the Raleigh Office of TCDG
Teague Campbell Dennis & Gorham, LLP is pleased to announce that Michael C. Sigmon has joined the firm’s Raleigh office. Mike comes to Teague Campbell from Brooks, Stevens & Pope, P.A. and will be Of Counsel in the Workers’ Compensation Practice Group. Mike has more than 30 years of active trial experience before the Industrial…
Natalia Isenberg Obtains Dismissal of Veterinary Malpractice Claims
Teague Campbell attorney Natalia Isenberg successfully obtained a dismissal of veterinary malpractice claims for plaintiff’s failure to state a claim on the basis of Rule 9(j). Plaintiff attempted to correct the mistake prior to the hearing by filing an Amended Complaint, after the statute of limitations had passed, but the amendment did not comply with…
Update on Bentley and N.C. Gen. Stat. § 97-84
The North Carolina Court of Appeals left the Industrial Commission scrambling when it issued its September 20, 2016, Opinion in Bentley v. Jonathan Piner Construction, holding the plain language of N.C. Gen. Stat. § 97-84 was violated when the Commission based its Opinion and Award on an Opinion issued by a deputy commissioner who was…
North Carolina Works to Combat Opioid Crisis
As opioid use continues to plague the community, as part of the workers’ compensation system and otherwise, North Carolina is one of many states working to take steps to reduce availability and use of prescription pain killers. Per the North Carolina Opioid Action Plan (2017-2021), prepared by the Prescription Drug Abuse Advisory Committee (PDAAC), unintentional…
Fourth Circuit Clarifies Statute of Limitations Applicable in Lawsuit Following Flood Insurance Claim
Plaintiffs’ waterfront home was damaged during Hurricane Irene in August of 2011. After the storm, Plaintiffs made a claim under a flood insurance policy issued by Allstate Insurance Company (“Allstate”) under the National Flood Insurance Program. Following inspections of the property by engineers hired by both Allstate and Plaintiffs, Allstate denied the claim. FEMA upheld…
Governor Cooper Signs HB 26 Into Law
On July 20, 2017, Governor Roy Cooper signed House Bill 26 into law. In response to Wilkes v. City of Greenville, HB 26 amends G.S. § 97-82(b) of the Workers’ Compensation Act, specifically addressing the issue of medical presumption in Wilkes. Please reach out to a member of our Workers’ Compensation team with any questions or concerns. Author…
Reduction in Approved MSA Accounts Now Possible
According to the July 10, 2017 version of the Workers’ Compensation Medicare Set-Aside Portal (WCMSAP) User Guide, you may now request a reduction in the amount of a CMS-approved workers’ compensation MSA account if you believe the projected care has changed so much that the new proposed amount would result in a 10% or $10,000…
North Carolina Supreme Court Weighs In on Long-Running Procedural Saga Regarding Permanent Impairment
Although overshadowed by the Wilkes v. City of Greenville opinion issued the same day, the N.C. Supreme Court came to a decision on another workers’ compensation matter last month. While not as significant as Wilkes in terms of future claim handling (at least until subsequent legislation takes effect), the decision in Harrison v. Gemma Power…
Breaking News: Legislative Response to Wilkes v. City of Greenville
On June 29, 2017 the North Carolina General Assembly passed House Bill 26 which amends G.S. § 97-82(b) of the Workers’ Compensation Act. As previously discussed, Wilkes v. City of Greenville held that when a claim was accepted as compensable pursuant to a Form 60 or section 1 of a Form 63 that a rebuttable presumption was…
Change to Framework for Proving Disability in North Carolina Supreme Court’s Landmark Wilkes Decision
In addition to creating a medical presumption for accepted claims, the North Carolina Supreme Court’s decision in Wilkes v. City of Greenville has significantly altered the landscape for proving disability. The Court has held that an employee can prove a disability outside of the four methods outlined in Russell v. Lowes Product Distribution. The Court…
Watch for Potential Permitting Pitfalls
The North Carolina Residential Property Disclosure Form gives sellers of real property the option of disclosing the existence of room additions, structural changes, and violations of building codes and zoning ordinances, if any, or to make “no representations.” Even where a seller makes no representations, however, a real estate licensee with knowledge of any of…
Landmark Decision by North Carolina Supreme Court: Practical Implications for Claims Administration Following Wilkes
On Friday, June 9, 2017, the North Carolina Supreme Court issued its eagerly anticipated decision in Wilkes v. City of Greenville, in significant part, unanimously affirming the Court of Appeals. Wilkes involves two primary issues. First, whether Johnnie Wilkes failed to meet his burden of establishing that his anxiety and depression were the result of…
Second Circuit to Rehear Case Considering Whether Title VII Includes Sexual Orientation as a Protected Class
The Second Circuit,* (serving six districts within the states of Connecticut, New York, and Vermont) will reconsider its position, currently aligned with the vast majority of federal Circuits, that Title VII of the Civil Rights Act of 1964 does not include sexual orientation as a protected class. Title VII prohibits discrimination in the employment context…
Obeying the Unwritten Rules
Walker v. North Carolina State Board of Dental Examiners and Its Meaning for Professional Licensees in North Carolina North Carolina currently has fifty-five occupational licensing agencies. These agencies regulate professions including law, medicine, engineering, surveying, therapy, and real estate. Generally, the agencies regulate their particular professions by enforcing rules of ethics and practice. Their rules are…
Summer Associates Support The Food Bank
Two of our summer associates joined two partners at this month’s volunteer project with The Food Bank of Central and Eastern North Carolina. We are happy to have them on board and appreciate their willingness to give back to the community! Please visit The Food Bank of Central & Eastern North Carolina’s website for more…
NC COA Examines Whether an Employee’s Injury Arose Out of and in the Course of His Employment When Commission Finds Employee Was “Joyriding”
When Plaintiffs are injured at work under circumstances which raise the question of whether the precipitating activity was “in furtherance of” versus “incidental to” the job duties assigned and the employer’s interest, the North Carolina Courts will look closely at the nature of the activity and the behavior immediately prior to the incident to determine…
Attendant Care in Post-Reform North Carolina Workers’ Compensation Claims
In recent years, attendant care provided under North Carolina’s Workers’ Compensation Act has gotten quite a bit of attention in the appellate courts and at the General Assembly. In particular, the Court of Appeals’ 2011 decision in Shackleton v. Southern Flooring & Acoustical Company presented a challenge for employers. Reversing the Commission’s denial of an attendant…
North Carolina Court of Appeals Rules Drug Test, Background Check Constitutes “Last Act” Necessary to Create Employment Contract
In Holmes v. Associate Pipe Line Contractors, Inc., the Court of Appeals determined that post-offer contingencies, such as background checks and drug testing, constitute the “last act” necessary to create a contract of employment. On October 29, 2013, Plaintiff, who was living in North Carolina, was contacted via telephone by a union representative and offered…
Joint Employment Under the Fair Labor Standards Act
A List of Do’s and Do Not’s for North Carolina General Contractors in a post-Salinas Era. In Salinas v. Commercial Interiors, Inc., 848 F.3d 125 (4th Cir. 2017), the 4th Circuit Court of Appeals laid out a new test for determining when two or more individuals or corporate entities should be considered “joint employers” of…
Drone Liability & Litigation Podcast
Recently, Partners Bill Bulfer and Bryan Simpson were featured in a Ringler Radio podcast discussing drone liability and litigation. An unmanned aerial vehicle (UAV), commonly known as a drone, is an aircraft without a human pilot aboard. Drones were originally associated by the military, but are now used for other purposes, with estimates of over…
North Carolina Industrial Commission Updates
On April 6, 2017, the North Carolina Workers’ Compensation Opioid Task Force held its first organizational meeting to study and recommend solutions for the problems arising from the intersection of the opioid epidemic and related issues in Worker’s Compensation claims. The Task Force has not yet issued a report or timeline for when a report…
The Importance of Filing Annual Reports with the N.C. Secretary of State
North Carolina law requires corporations and limited liability companies to file an annual report with the Secretary of State on or before April 15th of each year following creation. The information contained in the annual report includes, among other things, the name of the corporate entity, the nature of its business, and current information regarding…
Beware of Zoning Misrepresentations
N.C.G.S. § 93A-6 prohibits a North Carolina real estate licensee from making any misrepresentation or omission of material fact relating to real property. The misrepresentation need not be intentional to subject a licensee to discipline. Even the negligent communication of false information is prohibited. Material facts include not only facts about the property itself, but…
North Carolina: Patillo v. Goodyear Tire and Rubber Company: Another Review of the Parsons Presumption and Reasonableness of a Job Search
Last winter we examined the Court of Appeals decision in Wilkes v. City of Greenville and its seemingly a radical extension of the Parsons presumption to injuries not initially accepted as part of the claim. The decision Wilkes was appealed to the North Carolina Supreme Court and is set for oral argument in mid-February 2017. …
North Carolina Court of Appeals Determines Parsons Presumption Applies to New Injury to Accepted Body Part
On May 12, 2007, Plaintiff was working as a tire builder for Defendant-Employer, and sustained injury to her right shoulder. Defendants accepted the right shoulder as compensable. Plaintiff underwent surgery and returned to work. Plaintiff sustained a number of exacerbations to the right shoulder over the course of her claim. Following one incident in 2010,…
#NoOneGoesHungry
Volunteering at The Food Bank of Central and Eastern North Carolina was a great way to kick-off Easter weekend for this group of attorneys and staff! Please visit The Food Bank of Central & Eastern North Carolina’s website for more information. Author Teague Campbell View all posts
Just What is “Just Cause?”
On March 21, 2017, the North Carolina Court of Appeals issued an unpublished opinion affirming a decision of the Office of Administrative Hearings that the Department of Social Services (“DSS”) lacked “just cause” under the North Carolina Human Resources Act for dismissal of an employee for unacceptable conduct. A DSS employee was terminated for making…
Best & Worst States to Practice Medicine: See Where NC Ranks
This interesting article attempts to rank states from least to most friendly to physicians based on several factors including malpractice premiums, medical malpractice settlements and verdicts, physician density, access to tertiary care facilities and overall health of the population. North Carolina ranks #23 overall but notably makes the list of lowest malpractice award payout per…
Wake County Jury Grants Defense Verdict in Case Regarding Taxicab Hiring Policies, Website and App
Marc A. Jackson v. Amigo Taxi LTD. In October 2015, plaintiff was a taxicab passenger when the taxicab driver ran a red light and caused a collision. Plaintiff experienced severe physical injuries resulting in high medical expenses. Several months later, plaintiff sued the taxicab driver, the taxicab owner, and the taxicab business. Against the taxicab…
Raleigh Attorneys Support 4ALL
On Friday, March 3rd, attorneys Lindsay Underwood and Elizabeth Ligon from the Raleigh office volunteered their time for the annual 4ALL Statewide Service Day. Elizabeth’s practice focuses in the area of workers’ compensation and Lindsay’s practice is split between workers’ compensation and civil liability. What is 4ALL? “The 4ALL Statewide Service Day is an annual public…
TCDG Supports 4ALL in Asheville
On Friday, March 3rd, attorney Mindy Wudarsky fom Teague Campbell’s Asheville office volunteered for the annual 4ALL Statewide Service Day. Mindy is very involved in the local Asheville community and consistently donates her time providing pro bono legal services. Her practice focuses on business law and employment matters. What is 4ALL? “The 4ALL Statewide Service Day is…
The Dangers of Dual Agency
With breach of fiduciary duty claims continuing to top the list for legal risks facing real estate brokers and agents, dual agency and the risks and responsibilities associated with the same remain a critical issue for real estate agents. This is because fiduciary claims frequently arise in the context of dual agency—whether because of undisclosed…
Doing Our Part to Help Fight Hunger
“No one goes hungry in central & eastern North Carolina.” That is the mission of the Food Bank of Central & Eastern North Carolina. The Food Bank, established in 1980, provides food for people at risk of hunger in 34 counties. Teague Campbell is proud to support this organization through monetary donations, food drives and regular…
Case Law Update: Attendant Care
Thompson v. International Paper Co. On February 23, 2012, Darrell Thompson was involved in an at-work accident and suffered severe burns that covered more than 23% of his body, mostly to his left shoulder and arm. Following the injury, Mr. Thompson underwent three major skin graft surgeries and received treatment from several providers at the…
Four Tips to Consider Before Signing a Contract
From lengthy and formal purchase and sale or lease agreements to nondisclosure agreements and employment agreements, written contracts are a routine part of the day to day operations of most businesses. By making sure your contracts are clear and accurate before you sign, you can eliminate a significant amount of risk should things not go…
Real Men Read
Attorney Matt Marriott read to students at Wildwood Forest Elementary School on February 28, 2017, as part of “Real Men Read Day.” Matt read “Salt in His Shoes: Michael Jordan in Pursuit of a Dream” by Deloris Jordan. Author Teague Campbell View all posts
Dram Shop Law (Alcohol Liability) in North Carolina: A Primer
The Alcohol Beverage Control Commission (ABC) is a State Government Agency within the North Carolina Department of Commerce charged with providing uniform control over the sale, purchase, transportation, manufacture, consumption and possession of alcoholic beverages. There are special risks involved in selling alcohol to the public. The ABC Commission issues ABC permits, and works with…
North Carolina Announces New Fiduciary Relationship for Health Care Providers Independent of Physician-Patient Relationship
On January 27, 2017, in King v. Bryant, the Supreme Court of North Carolina held that health care providers now owe prospective patients a fiduciary relationship that is independent of a physician-patient relationship and can even exist prior to formation of a physician-patient relationship. What Happened In King, the plaintiff-patient presented to an ambulatory surgical center…
No One Goes Hungry
“No one goes hungry in central & eastern North Carolina.” That is the mission of the Food Bank of Central & Eastern North Carolina. The Food Bank, established in 1980, provides food for people at risk of hunger in 34 counties. In February, Teague Campbell provided volunteers to assist with projects at The Food Bank.…
Three Tips for Businesses Using Non-Competes and Non-Solicitation Agreements
In the information economy, managing employee knowledge is critical. Recent labor trends of decreasing employee tenure only heightens the importance for businesses and employers to take pro-active steps in protecting sensitive information and relationships developed in the course of business from frequent employee turnover. Regardless of industry, employment agreements such as non-competes and non-solicitation agreements…
Seven Teague Campbell Attorneys Named to the 2017 North Carolina Super Lawyers and Rising Stars Lists
We are pleased to announce that three attorneys from Teague Campbell Dennis & Gorham, LLP have been selected to the 2017 North Carolina Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in North Carolina. Additionally, four attorneys from Teague Campbell have been selected to the 2017 North…
Industrial Commission News
Chairman Charlton Allen has been appointed for a four-year term as chairman through December 30, 2020. Yolanda Stith has been appointed as the newest commissioner. She will serve the remaining two and half years of Andrew Heath’s original term and then an additional six-year term. Of that time, she will serve a four-year term as…
Case Law Update: Reasonable Job Search and the Parsons Presumption
Shawn Patillo suffered a low back injury on February 16, 2011 while working as a press operator for Goodyear Tire and Rubber Co. (“Goodyear”). He was evaluated at the on-site medical clinic and was restricted to “off-standard” work, which meant he could not fully perform all his job functions and required assistance with his job…
Supporting The Food Bank of Central & Eastern NC
Teague Campbell is proud to partner with The Food Bank of Central & Eastern North Carolina. The Food Bank, established in 1980, provides food for people at risk of hunger in 34 counties. In these counties, more than 636,000 people struggle to access nutritious and adequate amounts of food necessary for a healthy life. Teague…
Case Law Update: The Last Medical Payment is the Last Medical Payment
Kelly Lewis worked as a bus operator for Transit Management of Charlotte (“Charlotte Transit”). He suffered an admittedly compensable back injury on June 15, 2009 when the bus he was driving was rear-ended. A Form 25R was completed wherein Mr. Lewis was assigned a 0% permanent partial disability rating. The last medical expense payment was…
Teague Campbell Included in the 2017 Best Law Firms List Released by U.S. News – Best Lawyers®
Teague Campbell is proud to announce that the firm has once again been recognized by U.S. News & World Report and Best Lawyers® in their 2017 Best Law Firms rankings. U.S. News reports that, “firms included in the 2017 Best Law Firms list are recognized for professional excellence with persistently impressive ratings from clients and…
Teague Campbell Dennis & Gorham, LLP Receives Placement on NCTA Board of Directors
Teague Campbell is honored to receive placement on the North Carolina Trucking Association’s (NCTA) Board of Directors for the 2016-2017 term. Bill Bulfer, Partner in the firm’s Asheville office, will fulfill that commitment. The NCTA Board of Directors seeks to contribute to the organization’s mission, vision and values, and offers expertise to ensure the health…
Attorney Mindy Wudarsky Joins the Asheville Office of TCDG
Teague Campbell Dennis & Gorham, LLP is pleased to welcome Mindy C. Wudarsky to the firm’s Asheville office where she’ll concentrate her practice in business and employment law. Mindy has been representing clients in complex business litigation and transactional matters since 2008. She works closely with businesses to implement practices and procedures that will reduce…
New Medicare Safe Harbor & Reporting Threshold for Workers’ Compensation Settlements
Under the SMART Act, the Centers for Medicare & Medicaid Services (CMS) is required to set minimum Section 111 mandatory reporting thresholds for liability claims, as well as establish a “safe harbor” regarding conditional payment reimbursements. For liability claims, this number was originally set as $300 as of September 6, 2011, then raised to $1000…
Drones in North Carolina: Protecting Your Privacy
ABC News 13 reports that, by the end of the year, the FAA estimates there will be 2.5 million drone operators nationwide. News 13 investigated “why more problems may be popping up this fall and why protecting your privacy may fall into an area as gray as a rainy Asheville sky.” Asheville Partner Bill Bulfer contributed to…
15 Attorneys from Teague Campbell Dennis & Gorham, LLP Listed in The Best Lawyers in America© 2017
Teague Campbell is proud to announce that 15 of its attorneys were recently selected by their peers for inclusion in The Best Lawyers in America® 2017. The firm maintains its reputation among clients and peers by consistently being recognized in national publications such as Best Lawyers®. The selection of 10 attorneys in the area of…
Temporary Substitute for Covered Auto
A federal court in West Virginia has reviewed what constitutes a substitute auto in the context of a commercial auto policy. The owner of JRH Trucking, Ltd., James Herrington, contacted a mechanic to service one of the company’s coal trucks. The mechanic drove a flatbed truck to JRH’s facility, but was unable to complete the…
Medicare Alert: MSAs & Liability Settlements
According to a release issued by the Centers for Medicare and Medicaid Services (CMS) late Thursday, June 9, 2016, CMS is again considering expanding its voluntary Medicare Set-Aside Arrangements (MSA) review process to include liability insurance settlements. Per the official release, “CMS plans to work closely with the stakeholder community to identify how best to…
WC Risk Alert: Two Year Limit on Occupational Disease Claims
If employers or carriers have a statute of limitation defense, this defense should be identified early and analyzed as a potential basis for denying the claim.
WC Case Law Update: Attorneys’ Fees
Employers and carriers should be careful to discuss with their attorneys what documents are in existence and whether these documents are discoverable.
Bad Faith – The Heat Is On
A federal court in North Carolina recently ruled that homeowner-defendants in a declaratory judgment action sufficiently pled a counterclaim for bad faith against their insurer. The homeowners filed a claim with their insurer after their residence suffered water damage while they were out of the country. The insurer denied the claim after it determined that…
WC Update: The NC Supreme Court Will Hear Wilkes
The North Carolina Supreme Court has granted the City of Greenville’s Petition for Discretionary Review in Wilkes v. City of Greenville.
WC Update: Determining Whether a Worker is an Employee
The decision in Whicker provides a reminder of what the Court will look at when determining whether there is joint or lent employment between two employers.
Implied Certification in False Claims Act Cases – A Review of the U.S. Supreme Court’s Decision in Escobar
In Universal Health Services Inc. v. United States ex rel Escobar, the U.S. Supreme Court considered a False Claims Act (“FCA”) prosecution under the “implied certification theory”. Under this theory, when a provider certifies a claim for submission he or she is not only certifying the elements of the claim presented on the page but…
Trigger of Coverage
Last week was the one-year anniversary of Harleysville Mut. Ins. Co. v. Hartford Cas. Ins. Co., 2015 WL 859586 (E.D.N.C. Feb. 27, 2015), in which the United States District Court for the Eastern District of North Carolina required five insurers to equally contribute to the defense of a mutual insured in connection with three underlying…
Governor Appoints New Commissioner to Industrial Commission & Other IC Updates
Governor Pat McCrory announced today that Bill Daughtridge, formerly Secretary of Administration, has been appointed a Commissioner at the North Carolina Industrial Commission.
Recent WC Cases a Reminder to Think Carefully When Deciding Which Claims to Bring to the Court of Appeals
Parties considering an appeal should remember that the Court of Appeals will not overrule the Industrial Commission’s “findings of fact” unless there is no evidence to support those findings.
Eroding Limits: Benefit, Burden, or Both?
In recent discussions with clients regarding the development of professional liability coverage, I was asked whether we would be “better off” with eroding limits coverage. That question sparked an interesting discussion about the value of eroding limits in cases where defense costs represent the majority of exposure and the impact that eroding limits can have…
New Chairman of Industrial Commission & Reminder for Electronic Filing
Charlton L. Allen Named Chairman of the North Carolina Industrial Commission Governor Pat McCrory has selected Charlton L. Allen to be the next Chairman of the North Carolina Industrial Commission, effective February 1, 2016. Mr. Allen succeeds Andrew T. Heath who will become State Budget Director. Official Press Release REMINDER FOR ELECTRONIC DOCUMENT FILING STARTING…
Teague Campbell Launches Cyber Liability & Drone Law Practice
Teague Campbell, a North Carolina civil defense firm with offices in Raleigh and Asheville, has launched a Cyber Liability and Drone Law practice. This service extends the firm’s current coverage work in the drafting of Cyber Liability and Drone Liability policies for existing insurance clients to ultimately assist our clients in defending claims and providing…
Teague Campbell’s Insurance Coverage Team Expands Service to Tennessee
Teague Campbell is now able to provide coverage counsel in North Carolina, South Carolina & Tennessee.
Agreement Between US Government and Auto Makers on Issues Affecting Insurance Industry
Last week, automakers and the US government reached an agreement on ways to improve safety, including warding off cyber-attacks in the ever-increasing number of Internet-connected vehicles and supporting the safe deployment of autonomous vehicles. This collaborative approach by regulators and industry leaders highlights the overlap between automobile liability, cyber security, and autonomous vehicles. Author cbritt…
Daniel Hayes Publishes Book on MSAs: Medicare Issues in Liability and Workers’ Compensation Settlements
Medicare Issues in Liability and Workers’ Compensation Settlements by Daniel W. Hayes, J.D., M.S.C.C., was written to guide practitioners through their analysis of how to best consider Medicare’s interests when resolving claims involving medical exposure. The book is presented from the perspective of an insurance defense attorney with over 18 years in practice, who is…
North Carolina Supreme Court Affirms Limitations on Appraiser Liability
The opinion holds that appraisers do not owe unlimited duties to borrowers, who must actually and directly rely on the appraisal itself to be permitted to assert a claim.
WC Case Law Update: Reasonable Notice for Attendant Care
If an employer or carrier becomes aware that a medical provider has recommended attendant care services, they should address the issue without delay…
Department of Education Sides with Transgender Student’s Allegations of Sex-Based Discrimination
On November 2, 2015, the Department of Education (the “DoE”) issued a potentially landmark decision regarding the rights of transgender students. This decision was issued following months of investigation into allegations that Palatine High School District 211 (the “District”) discriminated against a transgender female (“Student”) on the basis of her sex. The DoE determined that…
Teague Campbell Honored as a 2016 “Best Law Firm” by U.S. News & World Report
Teague Campbell was named a Metropolitan Tier 1 “Best Law Firm” in Asheville and Raleigh for Workers’ Compensation Law for Employers.
Uninsured Motorist Coverage – Limited Class of Drivers
Stoms v. Federated Service Ins. Co., __ A.3d __, 2015 WL 6153403 (2015) On November 3, 2012, David Stoms (hereinafter “Decedent”) was returning from a family outing driving a vehicle owned by his employer, Diamond Motor. Decedent was struck by an uninsured driver and killed. At the time of the accident, Decedent was employed as…
Limitation on Self-Insureds’ Coverage by the Security Association for Occupational Disease Claims
The Workers’ Compensation Act is to be interpreted broadly to provide injured workers benefits, but this purpose will be limited by the laws enacted by the General Assembly.
WC Case Law Update: Parsons Presumption for Entirely Different Injury
This decision re-establishes that an employee’s testimony alone will be enough to carry his or her burden of proving futility.
WC Risk Alert: There Can Be Only One Contract of Employment
The decision in Burley seems to establish that, short of a drastic modification of the employment contract, there will be only one location for purposes of jurisdiction.
Demasters v. Carilion Clinic: Elimination of the “Manager Rule” in Title VII Litigation
Introduction In a recent case, Demasters, the United States Court of Appeals for the Fourth Circuit, determined the “manager rule,” which has its roots in Fair Labor Standards Act litigation, should not apply in Title VII litigation. Demasters v. Carilion Clinic, No. 13-2278, WL 4717873 (4th Cir. 2015). Under the rule, in order for an…
“16 for 16” Sixteen Teague Campbell Attorneys Named “Best Lawyers” for 2016
Teague Campbell is proud to announce 16 lawyers were selected by their peers for inclusion in The Best Lawyers in America® 2016.
Contingent Liability and Collectible Insurance
Bartkowiak v. Underwriters at Lloyd’s, London, __ N.E.3d __, 2015 IL App (1st) 133549 (Ill. August 13, 2015) In 2009, a truck delivering road-surfacing materials struck and killed plaintiff’s husband. The insured was a truck broker that assigned the job to the at fault truck driver. The insured was named on the truck driver’s automobile liability…
Are Your Independent Contractors Really Employees?
According to the Department of Labor’s (“DOL”) most recent guidance on the difference between an “employee” and an “independent contractor,” the answer to this question is likely: “Yes.” On July 15, 2015, the DOL issued an Administrator’s Interpretation on the application of the Fair Labor Standards Act’s (“FLSA”) standard used to identify employees who are…
WC Risk Alert: Changes to Industrial Commission Fees
Changes to Industrial Commission Fees Effective July 1, 2015
Alternate Avenues of Risk and Recovery
Wilks v. Manobianco, __ P.3d __, 2015 WL 4132181 (Ariz. July 9, 2015) Plaintff obtained UM and UIM automobile insurance coverage from defendant broker for two years. Following this time, plaintiff switched to another automobile insurance company. One year later, plaintiff decided to go back to his first carrier and contacted defendant, allegedly instructing him…
Separation of Insureds in Vicarious Liability Claims
Liberty Univ., Inc. v. Citizens Ins. Co. of Am., No. 14-2254, ___ F.3d ___, 2015 WL 4153840 (4th Cir. July 10, 2015). Janet Jenkins, plaintiff in the underlying lawsuit, sued Liberty University, claiming direct and vicarious liability, related to an alleged scheme to kidnap Jenkins’ daughter. Jenkins alleged that the university helped Lisa Miller, the…
Medicare Risk Alert: Favorable MSA Approval
Teague Campbell’s Medicare Settlement Solutions recently obtained a favorable MSA approval from CMS in a case where the plaintiff sustained a compensable back injury in 2002.
Case Summary – EEOC v. Abercrombie & Fitch
On June 1, 2015, the United States Supreme Court issued an opinion in EEOC v. Abercrombie & Fitch Stores, Inc. The majority opinion, authored by Justice Antonin Scalia, analyzed whether an employer must have actual knowledge of an applicant or employee’s religious belief before the protections of Title VII attach to him or her. In…
Business Pursuits and the Duty to Defend
Preferred Mutual Ins. Co. v. Vermont Mutual Ins. Co., __ N.E.3d __, 2014 WL 9909470 (Mass. App. Ct. June 17, 2015) Preferred Mutual Insurance Company (hereinafter “Preferred”) brought a declaratory judgment action against Vermont Mutual Insurance Company (hereinafter “Vermont”) seeking a determination that Vermont had the sole obligation to defend and indemnify Joseph Munyon. This…
Evidence of Policy Limits Admitted at Trial
State Farm Mutual Automobile Ins. Co. v. Kimberly S. Earl and the Estate of Jerry Earl, __ N.E.2d __, 2015 WL 3608850 (Ind. June 9, 2015) (Massa, J.) Jerry Earl filed a claim against State Farm Mutual Automobile Ins. Co. (hereinafter “Defendant”) seeking uninsured motorist benefits following a motorcycle accident that resulted in serious injuries. …
UIM Credit
Karper v. Calderon, __ A.3d __, 2014 WL 8883198 (N.J. Super. Ct. App. Div. May 28, 2015) (per curium) This action arose out of an automobile accident where plaintiffs suffered damages in excess of the tortfeasor’s liability insurance coverage. When calculating Plaintiffs’ entitlement to UIM benefits, the Law Division judge applied a single individual credit…
Dayle Flammia has been invited to join the Claims and Litigation Management Alliance
Teague Campbell Dennis & Gorham, LLP is pleased to announce that Dayle Flammia has been invited to join the Claims and Litigation Management Alliance.
Bruce Hamilton to Present at 2015 North Carolina Chamber’s Summit on Manufacturing
Partner Bruce Hamilton will provide a legislative update on Workers’ Compensation at the 2015 North Carolina Chamber’s Summit on Manufacturing.
Employee Misclassification
The North Carolina Senate recently unanimously passed Senate Bill 694, entitled “Employee Misclassification Reform.” The bill provides additional sanctions for employers that repeatedly misclassify employees as independent contractors. Repeat offenders can be assessed a fine of up to $1,000.00 per misclassified employee. In addition to providing sanctions, the bill will create a new division within…
Expert Testimony Required for Employee to Establish Disability
Risk Handling Tips on employee’s responsibility to prove disability
Lack of Credibility Still Grounds for Denying a Claim
Risk Handling Hints on denying claims due to lack of credibility
Odor Insurance
Mellin v Northern Security Insurance Co., Inc., __ A.3d __, 2015 WL 1869572 (N.H. April 24, 2015) Plaintiffs filed a declaratory judgment action against Defendant asserting that their homeowner’s insurance policy required Defendant to reimburse them for loses to their condominium caused by a cat urine odor. Plaintiffs’ downstairs neighbor owned two cats. Plaintiffs leased…
Coverage for Your Commute
Christopher Bartolomucci v. Federal Ins. Co., et al., __ S.E.2d __, 2015 WL 1727279 (Va. April 16, 2015) Plaintiff filed a declaratory judgment action seeking to establish that his personal vehicle fell within the scope of the Federal Insurance Company Insurance Policy (hereinafter “Policy”) issued to Plaintiff’s law firm. Plaintiff was involved in a motor…
Allocation of Damages/Motions to Intervene
The U.S. District Court for the Southern District of New York recently decided Uvino v. Harleysville Worcester Ins. Co., No. 13-4004, 2015 WL 925940 (S.D.N.Y. Mar. 4, 2015). In the underlying lawsuit, the homeowner plaintiffs brought construction defect claims against a contractor who acted as “Construction Manager” during the development of their home. The contractor…
Freight Broker Liable as Statutory Employer and Uninsured Motor Carrier Penalized in Trucking Case
Frances Atiapo worked as a truck driver for Goree Logistics, Inc. Goree contracted with Owen Thomas, a freight broker, to transport goods for another company. While driving a load of goods for Goree, Frances Atiapo was injured in a motor vehicle accident in Colorado. Goree did not have workers’ compensation insurance and denied Mr. Atiapo’s…
Special Relationships and the Dentist
Indiana Restorative Dentistry, P.C. v The Laven Insurance Agency, Inc. and ProAssurance Indemnity Co., Inc., __ N.E.3d __, 2015 WL 1087199 (Ind. March 12, 2015) Plaintiff filed a claim against Defendant for a breach of tort duty arising out of a special relationship with Laven Insurance Agency (hereinafter “Laven”). Plaintiff also alleged a breach of…
“Don’t Date Your Boss:” Preventing Sexual Harassment in the Workplace
It seems every week local news media report new allegations of sexual harassment and assault on college campuses. As we all know, college campuses are not the only place these issues arise. In addition, the EEOC recently reported a $20,000 settlement in the sexual harassment case of EEOC v. Hot Wheel City case. These reports…
Must Asbestosis be the Sole Cause of Death in a Compensable Claim?
Asbestosis (or any other occupational disease) does not need to be the only cause of an injured worker’s death in order for a death claim to be compensable.
Can an Injured Worker Sue Claiming Bad Faith in Civil Court?
In Bowden v. Young, the North Carolina Court of Appeals addresses alleged intentional torts in workers’ compensation clams
The Defense Rests…in Peace
Spurlock v. Beacon Lloyds Insurance Company, __ S.W.3d __, 2015 WL 581682 (Tex. App. January 29, 2015) Plaintiff filed numerous claims against Defendants arising out of a homeowner’s insurance policy. The Defendants included Beacon Lloyds Insurance Company (hereinafter “Defendant-Insurer”) and Grantham-Adkins Insurance Agency (hereinafter “Defendant-Agency”). J.O. Spurlock was the only named insured under the policy…
When Does an Employer Have to Pay Educational Expenses?
Risk Managers should know that although “medical compensation” is broadly interpreted in North Carolina, the service requested still must effect a cure, provide relief or lessen the period of the injured worker’s disability.
Private Cause of Action Under the Medicare Secondary Payer Act
Medicare isn’t the only entity who can sue you for conditional payments – plaintiffs can too!
Daniel Hayes & Tracey Jones Present at NAMSAP Regional Meeting
Daniel Hayes and Tracey Jones presented at the NAMSAP Regional Meeting held in Orlando on January 29, 2015. Their panel discussion, “Protecting the Client,” covered best practices from both the plaintiff and defense perspectives for tackling Medicare Secondary Payer issues in liability and workers’ compensation claims. For information on Daniel and Tracey’s Medicare Set Aside…
Court of Appeals Hands Down Multiple Decisions Affecting Public Entities
In the public records case of Cline v. Hoke, Plaintiff brought an action against Defendant, assistant director of the Administrative Office of the Courts, in his official and individual capacity, seeking to obtain certain emails pursuant to North Carolina’s public records law. N.C.G.S. § 132-6(a) requires that a custodian of public records provide the public…
WC Risk Alert: Wage Calculation for Temporary Employee
Keith Tedder was hired as a temporary delivery driver for A&K Enterprises to fill in for a permanent employee who was scheduled to be out of work for seven weeks. Tedder was paid $625 per week. Tedder had an unrelated back injury from 2004 and was assigned permanent, medium-duty restrictions in 2006 as a result.…
WC Risk Alert: Independent Contractors
Refik Ademovic worked as a cab driver for Taxi USA. Ademovic owned his own taxi, kept all of the fares he earned, did not receive a salary, paid a monthly franchise fee, set his own schedule, and was free to decline incoming calls from Taxi USA in order to pursue other driving opportunities. On August…
WC Risk Alert: Statute of Limitations and Medical Compensation
Charles Clark was a resident of Florida who worked for Summit Contractors Group, Inc., a Florida company doing business in North Carolina. In 2009, Clark was employed as a superintendent to supervise construction of apartment complexes in Greensboro. On August 5, 2009, he injured his shoulder and reported the injury the following morning. Clark returned…
Eight Teague Campbell Attorneys Named to 2015 North Carolina Super Lawyers and Rising Stars Lists
10th Consecutive Listing for Dayle Flammia & Bruce Hamilton!
Supreme Court Oral Arguments Have Concluded in Important Case Alleging Pregnancy Discrimination
The Supreme Court of the United States (SCOTUS) recently heard arguments in Young v. United Parcel Service, which has previously been covered here. We took the time to review the complete audio recording of the oral arguments and have it summarized here for you. The Court spent an hour attempting to parse the meaning behind…
Partners Bruce Hamilton & Julia Hooten to Present at NCBA’s Workers’ Compensation CLE
The 2015 Workers’ Compensation Section of the North Carolina Bar Association’s Annual Meeting will be held February 5th and 6th in Greensboro and two Teague Campbell partners, Bruce Hamilton & Julia Hooten, will be on hand to present portions of the CLE. The once-a-year program, “A New Direction: The Changing Landscape of North Carolina Workers’…
Medicare Update: CMS Withdraws Proposed MSA Rules for Liability Settlements
We recently learned that the Centers for Medicare and Medicaid Services (“CMS”) withdrew a set of proposed rules which were meant to establish guidelines for liability Medicare Set-Aside considerations. This may not have been so much a function of CMS deciding not to pursue liability MSA rules, but perhaps more a preemptive move by CMS to…
A Lesson from the NFL: Disciplining Employees for Off-Duty Conduct
In light of the recent news coverage of the NFL’s disturbing personnel issues, it is worth addressing whether employers in North Carolina can discipline their employees for conduct after they have clocked out for the day. In case you have not turned on your television, read a newspaper, or checked out an internet news provider…
Medicare and Liability Settlements: How to Spot Issues and Consider Medicare’s Interests
Introduction When resolving a liability claim involving medical treatment, the parties are required by federal law, pursuant to the Medicare Secondary Payer Act (MSP), 42 U.S.C. 1395y(b)(2), to consider Medicare’s interests with regard to the settlement of the medical portion of the claim. The intent of the MSP is to prevent settling parties from shifting…