Compensation Conversations
Compensation Conversations is a blog from Anders Newton aimed to help employers and carriers across North Carolina stay updated on workers’ compensation developments. You will find quick legal tips and practice summaries to help you navigate the ever-changing landscape of workers' compensation law.
Ever wonder why so many workers are intent on pursuing worthless claims? And why those workers sometimes receive money for “nuisance value?” You are not alone. The abuse of and over-reliance on the workers’ compensation system is no secret. The problem is so pervasive that insurance companies and administrators developed strategies to address fraudulent claims…everything…
Read MoreAnders Newton is pleased to report its most recent appellate victory, obtained by attorney Will Crone. After winning at both levels of the Industrial Commission, Mr. Crone secured a unanimous ruling from the North Carolina Court of Appeals in Lequire v. Southeastern Construction, dismissing claimant’s case entirely. What happened? Claimant lived in North Carolina but…
Read MoreHow will North Carolina’s workers’ compensation system deal with the anticipated claims arising from workers who contract and even die from COVID-19? That’s the question North Carolina lawmakers are addressing as they debate new proposed legislation designed to handle the issue proactively. What is the law all about? House Bill 1057, sponsored by House Minority…
Read MoreEconomic distress and social isolation are increasing the risk that North Carolina employees may experience mental health issues and substance use disorders. Even under normal conditions, employees suffering a work-related injury or disease may develop opioid addictions or mental conditions such as depression or post-traumatic stress disorder. Sadly, it appears that the COVID-19 pandemic is…
Read MoreGrab the streamers and balloons…non-latex, of course! Governor Roy Cooper has declared June 2020 as Safety Awareness Month in North Carolina. For most people, Safety Awareness conjures up images of masks, social distancing, and hand washing. But for the fine folks in the Wonderful World of Workers’ Comp, when we think safety, we think fewer…
Read MoreA hallmark right of employers and insurers who direct an employee’s medical care in a North Carolina workers’ compensation case is the ability to require the worker to attend an Independent Medical Evaluation (IME). Similarly, a worker has the right to seek a second opinion from a physician to which both parties agree. Both these…
Read MoreYou snooze, you lose? It is a generally accepted premise in litigation. When plaintiffs drag their feet and fail to prosecute their case – workers’ compensation or any other – they may be subject to severe sanctions such as dismissal of their case. However, according to the North Carolina Court of Appeals, dismissal is not…
Read MoreWorking virtually during a quarantine presents interesting challenges. But working virtually on workers’ compensation claims presents unique issues above and beyond the ordinary logistical issues like internet glitches, wardrobe malfunctions, and barking dogs. Workers’ compensation claims affect companies’ productivity and workforce, on the one side, and workers’ health and livelihood, on the other. In many…
Read MoreIn North Carolina, injured claimants do not necessarily collect disability benefits, even when they admittedly sustain an accident at work. Attorney Jonathan Anders, a board-certified workers’ compensation specialist in North Carolina, successfully defended such a claim resulting in a $0 award for the claimant and an order compelling claimant to pay his own costs. On…
Read MoreThe Coronavirus pandemic is causing record job loss across North Carolina. Some dismissed employees may be workers’ compensation claimants who had returned to work under restrictions. When they get their pink slip, they may incorrectly turn to the workers’ compensation system hoping for an automatic reinstatement of benefits. Attention adjusters! Do not automatically begin paying…
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