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Workers' Compensation – Temporary Total Disability – Extended Benefits Claim – No Watkins Presumption – First Impression - Vimarsana News

Workers' Compensation – Temporary Total Disability – Extended Benefits Claim – No Watkins Presumption – First Impression

When a disabled worker seeks to extend his temporary total disability benefits beyond the 500-week cap in G.S. § 97-29(b), he no longer has the benefit of the presumption of continuing disability described in Watkins v. Central Motor Lines, 279 N.C. 132, 181 S.E.2d 588 (1971). Instead, he must once again prove that he is

Workers' Compensation – First Impression – Temporary Total Disability – Extended Benefits – Burden of Proof - Vimarsana News

Workers' Compensation – First Impression – Temporary Total Disability – Extended Benefits – Burden of Proof

On a matter of first impression, the court construes the “extended benefits” available under G.S. § 97-29(c), i.e., temporary total disability benefits past the usual 500 weeks, to be available under the same terms as temporary total disability benefits; however, a plaintiff seeking extended benefits no longer enjoys a presumption of continuing disability and must ...

North Carolina High Court Ends "Absurd" Windfall for Comp Insurers on Temp Workers - Vimarsana News

North Carolina High Court Ends "Absurd" Windfall for Comp Insurers on Temp Workers

For years, workers' compensation insurers in North Carolina have been able to enjoy a windfall in some cases that involved temporary workers or those who