Cranfill Sumner & Hartzog LLP

Passing “Brunch Bills” to Repeal Blue Laws

A trend sweeping the nation, and perhaps, North Carolina? By statute, North Carolina allows on-premises alcohol sales statewide from 7:00 a.m. to 2:00 a.m. every day, except Sundays, when alcohol service cannot begin until…more
| Elections & Politics

All About the Experts: Rebutting the Parsons Presumption

The Thornton decision is guided by the Parsons presumption, which holds that when additional medical treatment for a compensable injury is required, a rebuttable presumption arises in favor of the claimant that the treatment is…more
| Labor & Employment Law, Worker’s Compensation

Fourth Circuit Articulates New Standard for “Joint Employers”

Until recently, there has been inconsistency as to what constitutes a “joint employer” under the Fair Labor Standards Act (FLSA). Under the FLSA, “joint employment” exists when “employment by one employer is not completely…more
| Civil Procedure, Labor & Employment Law

Does Payment of Attendant Care Require a Prescription?

In Thompson v. Int’l Paper Co., the N.C. Court of Appeals addressed whether attendant care prescriptions needed to be provided in writing…more
| Labor & Employment Law, Worker’s Compensation

Legislation Update: How Should Law Enforcement Video Recordings Be Handled in NC?

House Bill 972 was signed into law last summer, and took effect on October 1, 2016. The law is a significant change in the way municipalities are required to handle video recordings made by law enforcement, both with dash cams…more
| Elections & Politics

What is the meaning of “last payment”?

Lewis v. Transit Management of Charlotte, __ N.C. App. __ (6 December 2016) - In a workers’ compensation claim stemming from a compensable accident occurring in 06/2009, defendants filed no NCIC form to accept Employee’s…more
| Labor & Employment Law, Worker’s Compensation

Update: DOL Overtime Rule Blocked

Last week we posted a reminder that the new overtime rule was going into effect on December 1st. Well, it seems things have changed…more
| Labor & Employment Law

Counting On Eligibility: What Settlement Funds Count Against Medicaid Eligibility?

WILLIFORD v. N.C. DEPT. OF HEALTH AND HUMAN SERVICES, and N.C. DIV. OF MEDICAL ASSISTANCE (NC Ct. of Appeals, 11/15/16) - To be eligible for Medicaid, an applicant who is single and over the age of 65 cannot have more than…more
| Labor & Employment Law, Worker’s Compensation

New Overtime Rules are Less Than a Month Away – Are You Ready?

Unless you have had your head in the sand, you know that the U.S. Department of Labor (“DOL”) is changing the rules on overtime pay for executive, administrative, and professional employees. These changes go into effect on…more
| Labor & Employment Law

UIM Carrier has Standing to Seek Determination of Workers’ Comp Lien

In the recent case of Dion v. Batten, No. COA16-63, 2016 WL 4088417 (N.C. App. Aug. 2, 2016), the North Carolina Court of Appeals held for the first time that an underinsured motorist (UIM) carrier has standing to seek a…more
| Civil Procedure, Civil Remedies, Insurance, Worker’s Compensation

The Absent Commissioner: After a hearing, who may render a decision on the claim?

Bentley v. Jonathan Piner Construction (NC Court of Appeals, 9/20/16) Plaintiff suffered a right eye injury on March 3, 2014, when working on a construction site.? Defendants denied the claim, arguing that plaintiff was not…more
| Administrative Law, Construction Law, Labor & Employment Law, Worker’s Compensation

A Fee Apart: The How, When, & Who in Awarding Attorney’s Fees

In a compensable claim, defendants were ordered to pay for prior attendant care services that were performed by plaintiff’s partner. The deputy commissioner approved an attorney fee of 25% of the award of the retroactive…more
| Civil Procedure, Civil Remedies, Health

Premises Camera Surveillance Part 1: When Does the Duty to Preserve Video Evidence Arise?

The effective and proper use of premises camera surveillance is just the first step in whether or not video evidence will be used in litigation. This first article in a series considers when a duty to preserve video…more
| Civil Procedure, Electronic Discovery

Where Does a Third Party “Stand” on Liens?

Dion v. William Robert Batten, Sr. (8/2/16) Facts and Procedural History: Plaintiff was employed by Neuwirth as a servicing agent. In the course and scope of his employment with Neuwirth, he was involved in a car…more
| Civil Procedure, Civil Remedies, Insurance, Labor & Employment Law, Worker’s Compensation

A Matter of Known Percentages

When Apportionment of an Injury is Appropriate - Harris v. Southern Commercial Glass and/or Southeastern Installation Inc. (8/16/16) Facts and Procedural History: Plaintiff sustained a compensable back injury on…more
| Labor & Employment Law, Worker’s Compensation
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Contact

5420 Wade Park Boulevard
Suite 300
Raleigh, NC 27607, United States

  • (919) 828-5100
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Areas of Practice
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Other U.S. Locations
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