Form 19, Employer’s Report of Injury to the NCIC (11 NCAC 23A .0104) -
Effective today, December 1, 2020, defendants are now required to file a Form 19 with the Industrial Commission when the injury causes the employee to...more
For North Carolina workers’ compensation claims arising on or after June 24, 2011, N.C. Gen. Stat. § 97-29(b) provides the duration of compensation for temporary total disability is 500 weeks from the date of first disability...more
As restaurants close dine-in service for guests, restaurant owners and operators might consider offering delivery service during these unprecedented times. If this is something you’re considering, but your restaurant has...more
This final segment in this “Cost Containment Strategies” Blog series addresses strategies for the end of the worker’s compensation claim. The considerations at this point in the claim are typically whether to keep the claim...more
Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management. An employer can plead the affirmative...more
A challenging area of defense of workers’ compensation claims in North Carolina is that of pre-existing or idiopathic conditions. The North Carolina Court of Appeals has recognized and adopted the two definitions of...more
As discussed in my previous post, for claims arising on or after June 24, 2011, there is a new misrepresentation defense available to employers facing workers’ compensation claims. An Employer must prove all of the following...more
On June 24, 2011, then-Governor Beverly Purdue signed H 709—”Protecting and Putting North Carolina Back to Work Act” into law. As part of this Legislative Reform, North Carolina Employers now have an additional defense...more
As of November 1, 2014, defendants must use a new Form 24 Application to adhere to the changes implemented by the Industrial Commission as part of amended Rule 404 of the Workers’ Compensation Rules of the North Carolina...more
The first three parts in this blog series have addressed situations where defendants may terminate TTD benefits without first securing Industrial Commission approval; situations where Form 24 Applications need to be filed;...more
As of November 1, 2014, the Industrial Commission has implemented several important new changes for Form 24 litigation....more
12/12/2014
The North Carolina Workers’ Compensation Act now allows an employer to plead an affirmative “Misrepresentation Defense” when an employee intentionally misrepresents his/her physical condition when entering into the employment...more
Whether to file a Form 24 Application is a decision based on the specific facts of each case. Once the decision is made to file a Form 24 Application, it is vital to properly prepare the Form 24 Application to ensure the...more
In North Carolina, if defendants are paying TTD benefits and have not timely and properly denied the compensability of the injured employee’s claim on a Form 61, or if the injured employee has not voluntarily returned to...more
Surveillance can be helpful evidence to dispute the compensability of a workers’ compensation claim, the employee’s physical condition and/or the employee’s ability to return to work. But do your homework up front to ensure...more