Law Articles

Mar. 27 2015

Illegal Aliens and North Carolina Workers’ Compensation Benefits

President Barack Obama’s recent Executive Action on immigration has stirred quite the political controversy. This recent debate brings to mind a question more employers and carriers are asking: Are illegal aliens entitled to workers’ compensation benefits, and if so, how does their immigration status impact return-to-work issues and termination of benefits?

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Feb. 28 2015

Suspension of Benefits for Failure to Comply: Maintaining Control of Medical Treatment under S.C. Code Ann. Section 42-15-60 and 42-15-80.

In South Carolina workers’ compensation practice, it is common knowledge that the Employer and the Carrier control medical treatment. But what happens if a claimant is being non-compliant with the treating physicians? What happens if the claimant is missing scheduled appointments? A complete understanding of S.C. Code Ann. Sections 42-15-60 and 42-15-80 will assist in […]

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Jan. 21 2015

What Really Happens in Workers’ Compensation Mediation

In May of 2013, the South Carolina Workers’ Compensation Commission approved new Mediation Regulations (67-1801 through 67-1809), which provide that certain types of cases must be mediated, as well as a regulation (67-1801) that allows a Commissioner to order mediation in any claim. Because such a large number of cases will go to mediation moving […]

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Nov. 26 2014

Liability for Temporary Disability Benefits to Employee Terminated for Cause

Providing temporary disability benefits during the course of an injured worker’s recovery is a rather straightforward process. Simply stated, if the injured worker is provided work restrictions by his physician and the employer is unable to accommodate those restrictions then temporary disability benefits are owed. If the employer can accommodate the restrictions then no temporary […]

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Oct. 9 2014

Willful Misrepresentation Defense in North Carolina Workers’ Compensation: When Employees Make False Representations in the Hiring Process

In defending a workers’ compensation claim, employers may discover that the injured employee had not been forthcoming about previous injuries or work restrictions. In these situations, employers often take the position that the employee should not be entitled to compensation due to failure to disclose this information. Fortunately, the North Carolina Workers’ Compensation Act allows […]

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Sep. 18 2014

Should there be a Special Exception for Law Enforcement in Mental Claims without an Accompanying Physical Injury?

Law enforcement officers who experience psychological trauma after killing someone in the line of duty are not entitled to workers’ compensation benefits in South Carolina. In a 3-2 decision, the South Carolina Supreme Court recently decided that such an event was not an unusual circumstance of employment because an officer is specifically trained to use […]

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Aug. 15 2014

Third Party Involvement in Compensable Workers’ Compensation Claims

A South Carolina Scenario An employee is injured by another’s breach of duty or warranty. The claim is compensable. The best practice is for the carrier and/or the claimant to confirm the third party identity, the type of third party liability, the action’s expiration date and anticipated defenses, if any. This initial investigation can be […]

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