Cranfill Sumner & Hartzog LLP

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

New FAA Policy Issued on Use of Hangars and Other Structures at an Airport

Effective July 1, 2016, the FAA has now provided a change in policy for airports that accept federal grants, or are under other federal obligations to allow storage of non-aeronautical items in airport facilities designated for…more
| Administrative Law, Transportation

Case Law Update: Rainey v. City of Charlotte

Rainey v. City of Charlotte (5/17/16) - This case the North Carolina Court of Appeals analyzed N.C. Gen. Stat. §97-58 and the statutory time limit to file an occupational disease. The Court dismissed an injured worker’s…more
| Civil Procedure, Worker’s Compensation

FAA issues long awaited Small Unmanned Aircraft Systems Regulations

New Law Goes into Effect August 29, 2016 - After many months, the Federal Aviation Administration (FAA) has issued regulations towards integrating Unmanned Aerial Systems (UAS, also called Drones) into the national airspace…more
| Science, Computers, & Technology, Transportation

Case Law Update: Barnette v. Lowes

Barnette v. Lowes (4/19/16) - In this case, the North Carolina Court of Appeals over ruled a Deputy Commissioner and the Full Commission who had previously denied plaintiff’s claim by finding that no “injury by accident”…more
| Labor & Employment Law, Worker’s Compensation

Update: DOL Issues Final Overtime Rule

On May 18, 2016, the U.S. Department of Labor (“DOL”) issued the highly anticipated final overtime rule for white collar workers. The rule was promulgated in response to President Obama’s instruction to the DOL in 2014, which…more
| Labor & Employment Law

Claims Management versus Settlement: Cost Containment Strategies for the End of the Claim (Part 10 of 10) | CSH Law NC Workers' Compensation

This final segment in this “Cost Containment Strategies” Blog series addresses strategies for the end of the worker’s compensation claim. The considerations at this point in the claim are typically whether to keep the claim…more
| Labor & Employment Law, Worker’s Compensation
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5420 Wade Park Boulevard
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Raleigh, NC 27607, United States

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