Cranfill Sumner & Hartzog LLP

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

  • (919) 828-5100
  • (919) 828-2277

Caution: Read (and understand) before signing…contributory negligence bars legal malpractice suit

Under North Carolina law contributory negligence is a complete defense to all types of negligence claims including legal malpractice. Summary judgment is appropriate in NC if a plaintiff is contributory negligent…more
| Civil Procedure, Personal Injury, Professional Malpractice

Warning: Don’t Lose your Right to Contest Medical Treatment

Newly implemented rule (04 NCAC 10A.1001 [Rule 1001]) requires, among other things, that you immediately respond to requests for authorization for surgery and hospitalization. Under this rule, you have only seven days to respond…more
| Insurance

NC Industrial Commission Update: New Form 24 Application Effective 11/1/2014

As of November 1, 2014, defendants must use a new Form 24 Application to adhere to the changes implemented by the Industrial Commission as part of amended Rule 404 of the Workers’ Compensation Rules of the North Carolina…more
| Worker’s Compensation

How to Avoid Pitfalls When Filing Your Form 24 Application

The first three parts in this blog series have addressed situations where defendants may terminate TTD benefits without first securing Industrial Commission approval; situations where Form 24 Applications need to be filed; and…more
| Civil Procedure, Labor & Employment Law, Worker’s Compensation

PPD Ratings: Schedule of Weeks [Infographic]

For the loss or loss of use of the following member or vision in an eye, the employee is entitled to the corresponding number of weeks of permanent partial disability. If the employee has partial loss of use of that member or…more
| Worker’s Compensation

Checklist of Affirmative Defenses for NC Comp Claims

Although arguably the most important determination an adjuster makes when a claim is filed is whether or not the claim is compensable, before even contemplating that question, the adjuster should consider whether or not the…more
| Worker’s Compensation

Injury By Accident – Workers’ Compensation Claim Basics

Workers’ compensation claims can arise one of two ways: 1) an accident or 2) by occupational disease. This post looks at the three elements a claimant must prove in injury by accident cases…more
| Worker’s Compensation

2014 NC Case Law Update

Below is a summary of significant 2014 Workers Compensation cases decided by the Courts, along with “practice tips” for addressing these issues. Covered topics include: Medical Causation, notice defenses, subsequent injuries,…more
| Civil Procedure, Labor & Employment Law, Worker’s Compensation

Employee or Independent Contractor: That is the Question!

To be entitled to workers’ compensation benefits, the injured worker must be an employee. An independent contractor is not entitled to benefits. The fact that an employer may designate a worker as an “independent contractor” and…more
| Labor & Employment Law, Worker’s Compensation

How to Determine the Appropriate Rate of Pay for Attendant Care Providers

If you are an adjuster handling attendant care issues in a workers’ compensation claim, you know it can be a challenge to determine the rate of pay for an attendant care provider. The appropriate compensation rate for the…more
| Worker’s Compensation

Navigating Attendant Care Issues: When Did the Claim Arise?

As a workers’ compensation adjuster, you may occasionally handle cases involving attendant care issues. When you do have a case involving attendant care issues, you will need to mindful of when your claim arose because…more
| Civil Procedure, Worker’s Compensation

Death Cases and Resulting Claims for Benefits: An Overview

This post provides a general overview for handling death cases under the North Carolina Workers’ Compensation Act. Death cases and the resulting claims can be extremely fact specific so it is always best to discuss specific…more
| Labor & Employment Law, Personal Injury, Worker’s Compensation

NLRB: Workers Have Right to Use Company E-Mail Systems to Organize Unions

We wrote back on June 19 that the National Labor Relations Board’s general counsel was urging the Board to declare that employees have a protected right to use their employers’ e-mail systems for union organizing and other…more
| Labor & Employment Law

Form 24 Changes Effective 11/1/2014

As of November 1, 2014, the Industrial Commission has implemented several important new changes for Form 24 litigation…more
| Civil Procedure, Labor & Employment Law, Worker’s Compensation

NC Industrial Commission Forms: Frequent Forms and When to File

North Carolina is what some people refer to as a “Form Intense” state. We’ve got forms for everything it seems. It’s easy to get confused. And the Commission sometimes doesn’t forgive; instead they fine and sanction you! So…more
| Labor & Employment Law, Worker’s Compensation
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