Compensation Conversations

Compensation Conversations is a blog from Anders Newton aimed to help employers and carriers across North Carolina stay updated on workers’ compensation developments. You will find quick legal tips and practice summaries to help you navigate the ever-changing landscape of workers' compensation law.

NCIC Requires Current Email Address for All Carriers, Third-Party Administrators and Self-Insured Employers

The North Carolina Industrial Commission has announced that all carriers, third-party administrators, and self-insured employers are required to provide an email address to the Commission for the purpose of receiving claim-related documents as of March 1, 2021.  The Commission will use the designated email address when they do not have an email address for the…

Read More

Top 3 Hot Topics for Workers’ Compensation in 2021

As we start a new year and put 2020 behind us, let’s pause to consider what the future may hold for North Carolina workers’ compensation claims. Here is our list of Top 3 Hot Topics for 2021: Telehealth Right up there with “facemasks” and “social distancing,” the term “telehealth” will be a trending buzzword in…

Read More

NEW INDUSTRIAL COMMISSION RULES (effective December 1, 2020)

11 NCAC 23A .104 – Employer’s Requirement to file Form 19:   New rule requires a Form 19 when an employee is absent from work for more than one (1) day because of the injury OR employee’s medical expenses are greater than $4,000.00 (previously $2,000.00).  Note– Defendants are still required to send a Form 18…

Read More

When Laws Conflict: North Carolina Workers’ Compensation Act v. A New FLSA Rule

Among the final acts of the Trump administration was the promulgation, on September 25, 2020, of a new proposed rule regarding classification of workers and independent contractors. The Wage and Hour Division of the United States Department of Labor entitled the rule Independent Contractor Status Under the Fair Labor Standards Act. While many states including…

Read More

Court of Appeals Awards Employer Hefty Credit for Overpaid Benefits

Feeling discouraged about paying weekly workers’ compensation benefits when you believe the claimant is no longer disabled? Don’t despair – if you are willing to fight, you may just be awarded a credit. These days, accepting a workers’ compensation claim as compensable by Form 60 is risky business. Employers and insurers often find it very…

Read More

A Stab in the Dark: Predicting the Pandemic’s Effect on Workers’ Compensation

Experts trying to predict how this COVID-19 pandemic is affecting and will affect the workers’ compensation world are in complete disagreement. Some say that with the tremendous decrease in people working, there should be a corresponding decrease in on-the-job injuries. After all, they say, when people are not working, they don’t get injured. Others take…

Read More

NC Workers’ Compensation Developments

In Sympathy: Chief Deputy Commissioner Melanie Goodwin The entire North Carolina workers’ compensation community is saddened to hear of the passing of Chief Deputy Commissioner Melanie Wade Goodwin, age 50. The Late Chief Deputy Commissioner Goodwin earned a reputation as a bright, thoughtful, and hard-working public servant. Prior to serving at the Industrial Commission, she…

Read More

Insurance Adjuster Loses Workers’ Compensation Stress Claim

Think your job as an insurance adjuster is stressful? So did the claimant in Day v. Travelers (COA19-704, Aug. 4, 2020, unpublished), when she filed an occupational disease claim for anxiety and depression. However, like many claimants before her, Ms. Day learned the hard way that work creates stress for everyone, not just for insurance…

Read More

A Scandalous Proposal: Using Empathy to End Groundless Workers’ Compensation Claims

Ever wonder why so many workers are intent on pursuing worthless claims? And why those workers sometimes receive money for “nuisance value?” You are not alone. The abuse of and over-reliance on the workers’ compensation system is no secret. The problem is so pervasive that insurance companies and administrators developed strategies to address fraudulent claims…everything…

Read More

Anders Newton Victory: Jurisdiction

Anders Newton is pleased to report its most recent appellate victory, obtained by attorney Will Crone. After winning at both levels of the Industrial Commission, Mr. Crone secured a unanimous ruling from the North Carolina Court of Appeals in Lequire v. Southeastern Construction, dismissing claimant’s case entirely. What happened? Claimant lived in North Carolina but…

Read More