NEWS & INSIGHTS

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

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

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COVID-19 and Workers’ Compensation Implications in North Carolina: How will an increase in teleworking affect workers’ compensation claims in North Carolina?

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Brief overview of the legal analysis of COVID-19 workers’ compensation exposure in North Carolina. COVID-19 cases must be handled and analyzed on a case-by-case basis; however, based upon the current statute and case law, it is unlikely that suspected COVID-19 or actual COVID-19 cases would be considered compensable under either an injury by accident or…

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Attorney Mike Sigmon Launches Mediation Practice

After more than 30 years, attorney Mike Sigmon has expanded his practice to include mediation, working from both our Raleigh and Asheville, NC offices. Mike is Board Certified in Workers’ Compensation and is certified by the North Carolina Dispute Resolution Commission to conduct mediations in Superior Court civil actions. Mike is a seasoned litigator and…

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Court of Appeals Sees Through Attempt to Skirt Workers’ Compensation Rules on Employees and Independent Contractors

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In Macias v. BSI Associates, Inc. d/b/a Carolina Chimney, No. COA 19-299 (November 5, 2019), a recent unpublished opinion, the Court of Appeals reiterated its adherence to the Hayes doctrine for determining whether an injured worker is an “employee” and therefore entitled to workers’ compensation benefits, or an “independent contractor” and not entitled to any…

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