Obviously, we all know that workers’ compensation claimants are typically limited to receiving no more than 500 weeks of temporary total disability benefits (and, if you didn’t know that, you do now!).  This provision was added to the Workers’ Compensation Act in 2011 and it has reliably added some much-appreciated cost containment leverage for more…

The General Assembly has confirmed the appointment of Wanda Blanche Taylor to serve as Commissioner on the North Carolina Industrial Commission.  Most recently, Ms. Taylor has served as Director of Litigation/Counsel at Key Risk Insurance (a Berkley Company) and as a member of the North Carolina Board of Certified Public Accountant Examiners.  Ms. Taylor previously…

The North Carolina Industrial Commission has announced that all carriers, third-party administrators, and self-insured employers are required to provide an email address to the Commission for the purpose of receiving claim-related documents as of March 1, 2021.  The Commission will use the designated email address when they do not have an email address for the…

As we start a new year and put 2020 behind us, let’s pause to consider what the future may hold for North Carolina workers’ compensation claims. Here is our list of Top 3 Hot Topics for 2021: Telehealth Right up there with “facemasks” and “social distancing,” the term “telehealth” will be a trending buzzword in…

11 NCAC 23A .104 – Employer’s Requirement to file Form 19:   New rule requires a Form 19 when an employee is absent from work for more than one (1) day because of the injury OR employee’s medical expenses are greater than $4,000.00 (previously $2,000.00).  Note– Defendants are still required to send a Form 18…

Among the final acts of the Trump administration was the promulgation, on September 25, 2020, of a new proposed rule regarding classification of workers and independent contractors. The Wage and Hour Division of the United States Department of Labor entitled the rule Independent Contractor Status Under the Fair Labor Standards Act. While many states including…

Feeling discouraged about paying weekly workers’ compensation benefits when you believe the claimant is no longer disabled? Don’t despair – if you are willing to fight, you may just be awarded a credit. These days, accepting a workers’ compensation claim as compensable by Form 60 is risky business. Employers and insurers often find it very…

Experts trying to predict how this COVID-19 pandemic is affecting and will affect the workers’ compensation world are in complete disagreement. Some say that with the tremendous decrease in people working, there should be a corresponding decrease in on-the-job injuries. After all, they say, when people are not working, they don’t get injured. Others take…

In Sympathy: Chief Deputy Commissioner Melanie Goodwin The entire North Carolina workers’ compensation community is saddened to hear of the passing of Chief Deputy Commissioner Melanie Wade Goodwin, age 50. The Late Chief Deputy Commissioner Goodwin earned a reputation as a bright, thoughtful, and hard-working public servant. Prior to serving at the Industrial Commission, she…

Think your job as an insurance adjuster is stressful? So did the claimant in Day v. Travelers (COA19-704, Aug. 4, 2020, unpublished), when she filed an occupational disease claim for anxiety and depression. However, like many claimants before her, Ms. Day learned the hard way that work creates stress for everyone, not just for insurance…