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
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
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