Cranfill Sumner & Hartzog LLP

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

  • (919) 828-5100
  • (919) 828-2277

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

How to Assert the Misrepresentation Defense to NC Workers’ Compensation Claims

The North Carolina Workers’ Compensation Act now allows an employer to plead an affirmative “Misrepresentation Defense” when an employee intentionally misrepresents his/her physical condition when entering into the employment…more
| Civil Procedure, Labor & Employment Law, Worker’s Compensation

High Court Says No Pay for Security Screening Time

The U.S. Supreme Court has unanimously ruled that companies do not have to pay workers for the time they spend undergoing security checks at the end of their shifts. The case involved an Amazon.com contractor, although Amazon…more
| Civil Procedure, Labor & Employment Law

Increase Your Chances for Success: Preparing Your Form 24 Application

Whether to file a Form 24 Application is a decision based on the specific facts of each case. Once the decision is made to file a Form 24 Application, it is vital to properly prepare the Form 24 Application to ensure the best…more
| Worker’s Compensation

When is Filing a Form 24 Application Proper?

In North Carolina, if defendants are paying TTD benefits and have not timely and properly denied the compensability of the injured employee’s claim on a Form 61, or if the injured employee has not voluntarily returned to work,…more
| Worker’s Compensation

Will Obama's Executive Order Protecting LGBT Workers Be the Next Hobby Lobby?

Continuing to make good on the promise to govern using his “pen and cell phone,” President Obama this week signed an executive order -- modifying two executive orders previously signed in the 1960s -- that gives new workplace…more
| Civil Rights, Labor & Employment Law, Government Contracting

How to Avoid Being the Next Casualty in the EEOC’s War on Employee Separation Agreements

In its current Strategic Enforcement Plan, the U. S. Equal Employment Opportunity Commission says that it is fed up with and will target employer “policies and practices that discourage or prohibit individuals from exercising…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Obama Poised to Unilaterally Impose LGBT Workplace Protections

Making good on his pledge to govern by executive order, rather than awaiting congressional legislation, President Obama has announced that he will soon sign an order barring federal contractors from discriminating against…more
| Civil Rights, Elections & Politics, Labor & Employment Law, Government Contracting
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50-100 Attorneys

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