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Workers' Compensation Defense › Misrepresentation

Cranfill Sumner LLP

Utilizing the Misrepresentation Defense: Practical Tips for Employers

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Since the 2011 Workers’ Comp Reform, North Carolina employers now have another defense available to assist with considerable savings in workers’ compensation claims management. An employer can plead the affirmative...more

Cranfill Sumner LLP

NC Court of Appeals Addresses Causation Standard for Workers’ Compensation “Misrepresentation Defense”

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As discussed in my previous post, for claims arising on or after June 24, 2011, there is a new misrepresentation defense available to employers facing workers’ compensation claims. An Employer must prove all of the following...more

Cranfill Sumner LLP

Workers’ Compensation Cost Containment for the North Carolina Employer: Effectively Asserting the Misrepresentation Defense

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On June 24, 2011, then-Governor Beverly Purdue signed H 709—”Protecting and Putting North Carolina Back to Work Act” into law. As part of this Legislative Reform, North Carolina Employers now have an additional defense...more

Cranfill Sumner LLP

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

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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

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