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…
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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…
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10th Consecutive Listing for Dayle Flammia & Bruce Hamilton!
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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…
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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’…
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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…
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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…
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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…
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