Workers’ Compensation Defense

GWB’s Workers’ Compensation Team concentrates its practice exclusively on the defense of employers, insurance carriers, self-insured corporations, third party administrators, and claims-servicing agencies for claims arising out of matters in South Carolina and North Carolina.

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GWB Workers’ Compensation Resources

Adjusters, Carriers & Employers (A.C.E.)
Workers’ Compensation Bulletins

North Carolina Industrial Commission Releases Document Help List

January 5, 2017 – The North Carolina Industrial Commission (NCIC) has released a helpful reference sheet for electronic filing.  The reference sheet lists all documents that should be filed electronically via EDFP in North Carolina as well as the purpose of each item.  Please click the link below to download a copy of the Electronic Document Help List.

NC – Document Help List (NEW)

Form 14B (Physician’s Statement) Modified a Second Time by SCWCC

December 13, 2016 – The South Carolina Workers’ Compensation Commission has once again revised the Form 14B, Physician’s Statement, in an effort to further direct the treating physician to address all of the relevant information needed to determine issues of permanency and ongoing medical treatment.

Please note that the SCWCC will require the updated Form 14B to be completed by the authorized treating physician beginning on March 1, 2017.  After this date, we anticipate that the Commissioners will refuse to review/approve settlements or address litigation with unrepresented claimants if prior versions of the Form 14B have been completed.  For your convenience, we have included a link to the newest Form 14B.

As always, please contact one of our South Carolina attorneys with any questions or concerns regarding the recent revision implemented by the SCWCC.

South Carolina Workers’ Compensation Commission FORM 14B LINK

Form 14B (Physician’s Statement) Modified for Clarity in South Carolina

September 8, 2016 – The Commission has modified the Form 14B for the purpose of clarifying information on whether or not future medical care and treatment will be required. (R67-802 and R67-803).

Pursuant to Section §42-15-60 (B)(1) of the S.C. Code of Laws:

When a claim is settled on the commission’s Agreement for Permanent Disability/Disfigurement Compensation form, the employer is not required to provide further medical treatment or medical modalities after one year from the date of full payment of the settlement unless the form specifically provides otherwise.

    • For injuries occurring on or after July 1, 2007 which require future medical care and treatment, settlements on the Commission’s Form 16A (Agreement for Permanent Disability/Disfigurement) must be accompanied by a Form 14B.
    • The Commission’s Form 14B is required when a matter is to be resolved at an informal conference or when a Form 16A (Agreement for Permanent Disability/disfigurement) is submitted to the Commission for approval.
    • The Form 14B or a physician’s narrative report is required when a Commissioner is considering Final Agreement and Release documents where the Claimant is not represented by Counsel.
    • The Form 14B or a narrative report from the treating physician is required for proper filing by the Defense to request stop payment of compensation citing the Claimant has reached maximum medical improvement.

Click HERE to use the most recent 14B Form available on the Commission’s website.

IMPORTANT UPDATE: Regarding Informal Conferences and Form 16A Settlements in South Carolina

July 7, 2016 – Effective July 7, 2016, the South Carolina Workers’ Compensation Commission updated the procedure regarding Form 16 and Form 16A settlement approval following an informal conference. Now, upon completion of a successful Informal Conference, the Deputy Commissioner will make a recommendation by signing the Form 16/16A and forwarding it to the Jurisdictional Commissioner for approval. If approved, the Commission will email the approved form to the adjuster or attorney for the carrier via e-mail. If the Commissioner does not approve the recommended settlement, the case will be sent to the next Jurisdictional Commissioner to be set for a hearing. Please see the attached notice for additional information.

The most immediate impact of this change is that Form 16A settlements will no longer be considered final following the Informal Conference; rather they will be finalized only after approval by the Jurisdictional Commissioner. Considering there is an additional step added to the procedure, we anticipate additional time will be required to finalize Form 16/16A settlements in the future. Additionally, please be advised that failed Form 16A settlements will now result in the matter being set for a hearing, which is consistent with the current practice for failed clincher conferences.

Should you have any questions about this update, please do not hesitate to contact one of our South Carolina workers’ compensation defense attorneys in the Greenville, Columbia or Charleston offices.

Workers’ Compensation Team

Key Contacts

Ezzell HS 5-24-16

T. Cory Ezzell

Shareholder
Greenville, SC
New Webpage HS Gallivan Web 2-21-14

H. Mills Gallivan

Shareholder
Greenville, SC
Brown New HS Med 4-30-14

Deborah Casey Brown

Shareholder
Greenville, SC
New Website HS Simms 11-12-13

J. Jared Simms

Shareholder
Charlotte, NC
Yarbrough New Web HS 11-27-13

Michelle DeLuca Yarbrough

Shareholder
Greenville, SC
William_R_Harbison

William R. Harbison

Partner
Columbia, SC
Wyman New HS WEB 10-14-15

Mikell H. Wyman

Partner
Charleston, SC
Pretulak Bio Webpage HS 10-7-13

Jared M. Pretulak

Partner
Greenville, SC
Dorrell New Bio HS 5-6-14

Amber A. Dorrell

Partner
Charlotte, NC

Edmonds HS New Med 4-29-14

Amity S. Edmonds

Associate
Greenville, SC
Molitor New WEB HS 10-14-15

Blakely L. Molitor

Associate
Charleston, SC
Howe HS New - Med 5-6-14

Elizabeth Howe Pratt

Associate
Charlotte, NC
Nichols HS 6-9-15

W. Ryan Nichols

Associate
Greenville, SC
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AJ Holloway

Associate
Columbia, SC

Nicholson v. South Carolina Department of Social Services

With the South Carolina Supreme Court’s recent decisions, in the cases of Nicholson v. South Carolina Department of Social Services, Opinion No. 27478 (S.C. Sup Ct.) (January 14, 2015) and Barnes v. Charter 1 Realty, Opinion No. 27479 (S.C. Sup. Ct.) (January 14, 2015), defendants will need to adjust their litigation strategies going forward in workers’ compensation cases involving unexplained or idiopathic falls.

New Continuing Education Program Offered by Workers' Compensation Team

GWB is pleased to announce their new workers’ compensation continuing education program for Adjusters, Carriers, and Employers, A.C.E.  A.C.E. is designed to provide educational opportunities in the form of engaging accredited Continuing Education Units (CEUs) at no cost.

GWB Secures Significant Second Injury Fund Reimbursement for Client

Gallivan, White & Boyd (GWB) attorney Jared M. Pretulak secures a significant Second Injury Fund reimbursement award on behalf of his clients before the South Carolina Court of Appeals.