Category Archives: Labor & Workplace

Another Victory for NC’s Workers’ Compensation System

Yesterday, the North Carolina Court of Appeals issued another victory for North Carolina’s workers’ compensation system. Reversing a ruling by the Wake County Superior Court, the state Court of Appeals issued a unanimous decision supporting the qualification of ambulatory surgical centers as “hospitals” when applying fee schedules. While the case could be taken up by the North Carolina Supreme Court,…

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As Rates Drop, NC Chamber Continues to Fight For Workers’ Compensation Reforms

It wasn’t long ago that the North Carolina Supreme Court nearly decimated the hard-fought workers’ compensation reforms of 2011. Thankfully, the General Assembly passed legislation clarifying the reforms following the aligned business community’s swift advocacy efforts. This kept the Court’s liability-expanding ruling from going into effect – a necessary action to ensure North Carolina’s workers’ compensation system continues providing positive…

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New CFPB Rule Makes Personal Injury Attorneys the Real Winners

Personal injury lawyers stand to be the real winners of the Consumer Financial Protection Bureau’s (CFPB) new rule that prohibits companies from using mandatory arbitration clauses in their contracts. While the CFPB claims this anti-arbitration rule was set to protect consumers, the reality is the rule will benefit personal injury attorneys hell-bent on making a buck through class action lawsuits.…

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Bad Acting Personal Injury Lawyers Must be Stopped

For far too long, bad acting personal injury lawyers have abused our legal system, taking advantage of vulnerabilities through unethical legal practices. Specifically related to asbestos bankruptcy trust claims, these personal injury attorneys have hidden evidence of exposure in order to “double dip” damages and line their pockets. Phil Goldberg, director of the Progressive Policy Institute’s Center for Civil Justice,…

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Recent Poll Shows Americans Support Higher Insurance Rates Based on Lifestyle

Prior to the recent health care showdown on Capitol Hill, Gallup released a new poll showing that Americans back higher insurance rates for individuals with certain lifestyles over others. Specifically, the poll showed that 59% of Americans believe it would be ok for an insurer to charge smokers higher rates, while only 37% of Americans said the same of those…

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Roadmap to Value Driven Health Care

To say the future of health care policy at the federal level is uncertain would be a monstrous understatement. While we don’t know what will happen in Washington, we know what needs to happen in North Carolina in order to bring value driven health care to the state. In the July/August edition of the North Carolina Medical Journal, I discuss…

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Workers’ Compensation Reforms Saved!

After a recent ruling from the North Carolina Supreme Court threatened to decimate the workers’ compensation reforms of 2011, the aligned business community immediately got to work to save the reforms. Thanks to swift and hard fought advocacy efforts, the North Carolina General Assembly unanimously passed legislation clarifying the reforms passed in 2011. This action created a legislative fix to…

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Saving Workers’ Compensation Reforms from Decimation

Courtesy of a recent North Carolina Supreme Court ruling, the workers’ compensation reforms achieved in 2011 are on the verge of total decimation. In a major blow to North Carolina’s business community, the state Supreme Court unraveled the balanced reforms with the most dramatic changes to workers’ compensation since the 1980’s. The consequences of this decision are steep as it…

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Harmful Workers’ Compensation Ruling Hurts Injured and Employers

A recent workers’ compensation ruling from the North Carolina Supreme Court will be detrimental to injured employees and employers across the state. In Wilkes v. City of Greenville, the state Supreme Court expanded liability in workers’ compensation claims, forcing the burden of proof on employers to show medical conditions not connected to a compensable injury are in fact not related.…

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Establishing Transparency in Bankruptcy Trust Claims

North Carolina’s legal climate has improved dramatically over the last several years. However, there are still commonsense reforms yet to be implemented that would foster greater predictability and clarity in our legal system. Senate Bill 470: Personal Injury Bankruptcy Trust Claims is one such measure. By amending Rule 26 of North Carolina Rules of Civil Procedures regarding civil discovery in…

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