Author: Ben S. Greenberg

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General / North Carolina

Forum Section Critical in Carolina UIM Benefits Case

A recently published North Carolina Court of Appeals workers’ compensation case highlights an issue for consideration when there is an opportunity to select a forum for workers’ compensation benefits involving a claim where UIM benefits are a potential recovery source for subrogation.

In Walker v. K&W Cafeterias, Robert Walker (decedent) was killed in a motor vehicle accident while driving a truck for his employer, K&W Cafeterias, Inc. K&W is a North Carolina corporation, but the accident occurred in South Carolina and decedent was a resident …

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Trucking

Hey! What about Workers’ Compensation? Evidence Preservation and Investigation for Trucking Workers’ Compensation Claims

Evidence preservation seems to be the number one discussed topic in terms of defending trucking companies for liability claims. For serious accidents, it is common to dispatch defense attorneys and experts to the scene of the accident to preserve evidence necessary to contest liability when appropriate. What is less discussed is that the same data can be invaluable for investigating and defending workers’ compensation claims.

A rapidly increasing number of fleets are utilizing onboard event recorders with both outward and inward facing cameras. Electronic driver …

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North Carolina

Post-Wilkes Decision Tips for Handling Workers’ Compensation Claims

We recently wrote about the impact of the Wilkes v. City of Greenville decision. In this ruling, the North Carolina Supreme Court significantly expanded the “Parsons presumption,” which posits a relationship between an original work-related injury and additional treatments required.  It is possible that the North Carolina General Assembly will overturn the decision — though there is no guarantee.  If the General Assembly does not act, then we can expect to see a significant increase in claims for new body parts and conditions following …

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