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…

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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…

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NCIC Announces Changes to Sanctions Policy

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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…

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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…

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Change in North Carolina Workers’ Compensation Procedure: Insurance Carriers No Longer Allowed to File Motion Pleadings at Commission

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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…

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‘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…

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