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North Carolina

North Carolina Insurance Commissioner Issues Warning On Steerage

North Carolina Insurance Commissioner Warns On Steering Hurricane Damage Repair – Big No No This morning I received a general memo from current North Carolina Insurance Commissioner  – Mike Causey.    The first thing I noticed was that it was not directly addressed to me – whew! Unlike Workers Compensation

North Carolina Appeals Court Medication Decision – FDA Shocker(?)

 North Carolina Appeals Court Says RX OK Even If Not FDA Approved A North Carolina Appeals Court rendered a very interesting decision earlier this month that was a shocker..  I am not saying whether or not I agree with the decision.  Those kinds of decisions are best left to the

North Carolina Supreme Court Decision 4 Work Comp Claims All States

North Carolina Supreme Court Ruling On Medical Treatment Denial After Initial Acceptance The North Carolina Supreme Court has ruled on denying a medical condition after the claim was accepted.   The link to the decision can be found at the end of this article.  The file is in PDF format.

WALSH Test For Jurisdiction Appears Again in North Carolina

North Carolina WALSH Test For Jurisdiction The WALSH test for jurisdiction in Work Comp claims has shown itself in a North Carolina Court of Appeals case.   I was taught this very important test when I was an adjuster trainee  some time ago for a major carrier. I find it amazing

North Carolina Workers Comp Uninsureds – I Made Terrible Mistake

Too Conservative On North Carolina Workers Comp Uninsureds The articles which were written on North Carolina Workers Comp uninsureds were to me an overestimation.  I had written various articles on my shock and dismay that over 30,000 companies in North Carolina had no workers compensation coverage.   Some of the

North Carolina Work Comp Subrogation Takes Weird Turn

North Carolina Work Comp Subrogation Re-re-reverses Course The subject of North Carolina Work Comp subrogation has frustrated carrier and Third Party Administrator claims staffs over the years.   This case could be a model for changing subrogation laws in other states – possibly. One of my concerns is that Workers Comp

Exclusive Remedy Affirmed by North Carolina Appeals Court

Exclusive Remedy – North Carolina Affirms The North Carolina Court of Appeals has ruled the doctrine of exclusive remedy is still intact.  The legal environment of today has begun to erode exclusive remedy. Workers Compensation was originally structured to be the only remedy for injuries suffered on the job.  

North Carolina – Taxi Driver Was Independent Contractor

Taxi Driver  Independent Contractor  NC Court of Appeals Independent Contractor  status is one of  the most confusing areas in Workers Compensation over the last decade.  A recent North Carolina Court of Appeals decision actually strengthens the laws already in place.  (See NC 97.5-1). There are many articles in this blog

Ingress Egress Rules – North Carolina example – Confusing

 Ingress Egress Rules The Ingress Egress rules are confusing and controversial in North Carolina. Ingress-Egress is one of the most confounding sets of rules that employers, injured employees, adjusters, and WC courts face very often.  Ingress- Egress is sometimes also referred to as the “going and coming” rules. The definition

North Carolina Industrial Commission Employer Search Returns

North Carolina Industrial Commission Coverage Search Open Again The North Carolina Industrial Commission has returned to allowing web searches for employers’ Workers Compensation coverage.    The website was removed after some very not-so-intelligent legislation that barred anyone from viewing this info. The ill-timed legislation was enacted following the discovery by

North Carolina Legislature Corrects Workers Comp Privacy Mistakes

Workers Comp Privacy Mistakes Corrected For Now In North Carolina North Carolina’s Workers Comp privacy advocates had a field day earlier this year.   I think the entities that stood to benefit the most was the 30,000+ businesses that still yet today, have no Workers Comp insurance. As you can

Workers Comp Coverage Info Did North Carolina Make Public (Again)?

North Carolina Workers Comp Coverage Still Private The North Carolina Legislature decided just a few months to ban all public disclosure of Workers Comp coverage info records.  At that time, it really did not make sense to me when I can pull up Workers Comp policy information in so many

Workers Comp Coverage North Carolina Agencies Tracking ERs?

Tracking Employers Without Workers Comp Coverage In North Carolina Without Workers Comp coverage whose job is it to track employers? For clarification: NCRB – North Carolina Rate Bureau NCDOL – North Carolina Department of Labor NCIC – North Carolina Industrial Commission NCCI – National Council on Compensation Insurance – not

North Carolina and Misclassification Confusion With New Task Force

NC Misclassification Confusion The misclassification confusion still exists in North Carolina. Recently, North Carolina’s Governor Perdue had drawn together a task force to lessen the number of Workers Comp scofflaws that exist in North Carolina. Earlier this year, 30,000 North Carolina employers did not have proper coverage for their workers.

North Carolina’s Governor Perdue Signs HB 237 Amendments

North Carolina’s Governor Perdue Signs Important Inter-agency Disclosure Law North Carolina now has a measure on the books that will enable a heavier enforcement of the requirements to purchase Workers Comp insurance. Governor Perdue signed the bill into law with very little fanfare. The budget and fracking bills received much

North Carolina HB 237 – Media Wants Veto Due To Access Ban

North Carolina HB 237 – Reporter Concern on Access The North Carolina HB 237 is very important for enforcing the Workers Comp insurance requirement in the Tarheel State. In the past week, Workers Compensation based North Carolina House Bill 237 – HB 237 – amendment was the subject of a

North Carolina Legislature Creates Committee On Employer Compliance

North Carolina Legislature Creates Committee The North Carolina Legislature has passed two different amendments to House Bill 237 better known as the Workers Compensation reform act. The two amendments functioned as a way to better track employers without coverage. The amendments also created a Legislative subcommittee for employer compliance and

Workers Comp Enforcement Increased By North Carolina Legislature

Workers Comp Enforcement Increase with HB 237 The Workers Comp enforcement was increased by the NC legislature this week. The North Carolina Legislature amended House Bill 237 – known as the 2011 Workers Comp reforms.  The amendments were in response to a very inquisitive reporter discovering 30,000 employers in North

North Carolina Workers Compensation = 30,000 uninsured employers

30,000 Uninsured Employers – NC Workers Comp Uninsured employers have plagued the Workers Comp system for many years. Was anyone actually shocked there are 30,000 employers (with more than two employees) that have no policy to cover their workers if injured on the job? I was shocked when this number

NC Workers Comp Reform – One Huge Area Of Concern

Area Of Concern – NC Workers Comp Reform This is a  major reform  to NC Workers Comp Vocational Rehabilitation.  As I had posted last time, there is one area of concern with the NC laws that were updated on June 24, 2011.As I also mentioned in my last post,I have

North Carolina Workers Compensation Reform – Was It Worth The Effort?

North Carolina Workers Compensation Reform – Nine Changes Raleigh is our home base. I wanted to wait until the North Carolina Workers Compensation reform filtered out after Governor Perdue signed the bill into law on June 24, 2011. The best summary that I have seen on the Workers Comp reforms

North Carolina High Claims Cost – Quite Controversy

North Carolina High Claims Cost Shocker Many of you responded to last week’s note on the  North Carolina High Claims Cost from the 16 states surveyed by the WCRI – Workers Compensation Research Institute. I was unable to let quite a few of the comments go through, as specific insurance

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