Claim Closure with Brian Groesser
The must-have resource for opening, navigating and ultimately closing workers' compensation claims in North Carolina. Adjusters, risk managers, and employers alike can follow for a discussion of all things workers' compensation, from forms handling to common topics/issues and monthly case law updates. Brian Groesser is a Director at Midkiff, Muncie & Ross operating out of Raleigh, North Carolina. He handles workers' compensation cases on behalf of employers and carriers across the entire state. He can be reached at bgroesser@midkifflaw.com.This podcast was recorded and is being made available for informational purposes only. By accessing this podcast, you acknowledge that Midkiff, Muncie and Ross makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information featured in the podcast. The views, information, or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of Midkiff, Muncie & Ross. This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state and should not be constituted as an offer to make or consider any investment or course of action.
Episodes
27 episodes since 2022
Willful Misrepresentation
A claimant injures his back lifting an item. You run an ISO Report and see a prior back claim. You talk with the insured and confirm that claimant denied prior back issues upon being hired. Do you have a defense to deny the cl...
August 23, 2023
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Season 1
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Episode 27
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27:17
Intoxication
Claimant has a positive drug screen and is fired for violating the employer's drug-free work zone. Automatic denial, right? Maybe, but will it ultimately hold up in court? Maybe not. Intoxication is an affirmative ...
August 08, 2023
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Season 1
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Episode 26
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28:17
Coming and Going Rule
Generally, when a worker is not covered by workers' compensation when she is going to or from work. However, like most things in life, there are exceptions. I will discuss those four exceptions to the Coming and Going Rule and what ...
July 17, 2023
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Season 1
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Episode 25
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34:13
Case Law Update: Sprouse v. Turner Trucking Co.
The Supremes came out with a published decision - a rare treat in North Carolina workers' compensation cases. Although this was more of a procedural rebuke of the Court of Appeals, there is a decent discussion of burdens of proof when it ...
June 26, 2023
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Season 1
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Episode 24
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31:17
Case Law Update: Godley v. New Hanover Med. Grp.
Today I do a deep dive into an unpublished opinion on the Parsons Presumption. I discuss the presumption, but more importantly I point out how attorneys and doctors engage in depositions, the testimony one needs to rebut the presumption, ...
June 14, 2023
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Season 1
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Episode 23
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38:46
Course & Scope of the Employment
The time, place and circumstances of an injury matter. It can be from an accident that arose out of the employment, but the employee still has to prove that it occurred within the course and scope of the employment for the injury to be co...
June 05, 2023
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Season 1
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Episode 22
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25:43
Commissioners and Deputy Commissioners: The Hearing Process
Today, the General Assembly approved of Governor Cooper's appointment of Chairman Baddour to another six-year term as Chair of the Full Commission. This is a good opportunity to discuss the hearing process. Who makes up the Commissi...
May 24, 2023
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Season 1
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Episode 21
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35:32
Arising Out of The Employment (Idiopathic Conditions)
A claimant is walking down the hallway and falls. It matters as to whether she tripped over an object, her leg just gave way, she rolled her ankle or she has no idea how she fell. Some of these are compensable claims. Some are...
May 18, 2023
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Season 1
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Episode 20
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29:15
Baker, Brewer & Marlow
A special treat of three published Court of Appeals cases in one week. Baker discusses the requirement for a Pleasant case to survive summary judgment in a civil proceeding. Brewer discusses the burden when it comes to the Parsons p...
May 08, 2023
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Season 1
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Episode 19
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51:24
Sturdivant 2.0
12 hours after the last episode published, the Court of Appeals came out with its revised decision in Sturdivant. The verdict? The 500-week cap on indemnity benefits is gone. I will discuss this decision and take a deep dive i...
April 19, 2023
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Season 1
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Episode 18
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49:56
Case Law Update: Stephens & Sturdivant
This one has been 12 years in the making. Ever since the Act was changed in 2011 and a 500-week cap installed regarding entitlement to indemnity benefits, employers and employees have been waiting for the Court of Appeals to decide what i...
April 17, 2023
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Season 1
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Episode 17
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34:34
Arising Out of the Employment (Social Activities)
Employee injures his ankle playing volleyball at a company picnic. Not compensable. Employee injures her ankle dancing at the company Christmas party. Compensable. Say what? Injuries that occur during social activi...
March 13, 2023
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Season 1
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Episode 16
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25:11
Case Law Update: Gilliam v. Foothills Temporary Employment
This published Court of Appeals decision addresses the correct method for determining the average weekly wage of a temporary worker who dies prior to the end of his employment period. Further, I will discuss the implications of a death at...
March 06, 2023
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Season 1
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Episode 15
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30:10
Arising Out of the Employment (Horseplay)
Employee gets injured goofing off with another employee. Automatic denial, right? No necessarily. This episode will delve into the history of horseplay and how such injuries have actually generally been found to be compensable...
February 27, 2023
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Season 1
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Episode 14
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28:59
Arising Out of The Employment (Assaults)
An employee gets physically attacked at work. Whether by a co-worker or a third-party, the analysis remains the same. This episode will explore looking for the causal connection to work and how small distinctions can make all the di...
February 20, 2023
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Season 1
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Episode 13
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34:20
Arising Out Of The Employment (An Overview)
Just because an injury by accident occurred, that does not mean that there is a causal connection to the employment. A claimant must prove that the injury arose out of the employment for it to be compensable. This episode will...
February 13, 2023
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Season 1
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Episode 12
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20:44
Injury by Accident
Work injuries happen. But not all work injuries are the result of an accident. And if there is no accident, then it is not a compensable claim. Too often adjusters make the mistake of accept injuries that do not stem from acci...
February 06, 2023
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Season 1
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Episode 11
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32:17
Who is an Employee?
Pay your worker on a 1099? Could still be an employee. The worker is undocumented? Could still be covered as an employee. The worker is an 8-year-old helping around the store? Could still be responsible for an inju...
January 30, 2023
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Season 1
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Episode 10
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29:47
North Carolina Jurisdiction
What makes a claim a NORTH CAROLINA workers' compensation claim? When an injury happens outside of the state, that does not mean the claimant cannot file in North Carolina. In fact, claimants often do file in North Carolina based on...
January 23, 2023
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Season 1
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Episode 9
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29:55
Form 28/28T/28U: The Return to Work
The FINAL episode discussing the Industrial Commission forms. The claimant has returned to work. That's only the beginning of the process. Filing the correct forms depends on a variety of scenarios and the road map...
January 16, 2023
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Season 1
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Episode 8
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28:40
Form 22: Determining the Average Weekly Wage
This form is a major pain to most employers tasked with filling it out. I receive questions weekly from adjusters as to how to use it. The form is complicated on its face and not conducive to most payroll records. This episode...
January 09, 2023
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Season 1
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Episode 7
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28:31
Form 61: Denial of a Claim
This is the form used to a deny a claim. But specificity and timeliness are required in order to actually utilize the defenses at your disposal. We will discuss both and prepare you for understanding the various defenses that exist ...
January 06, 2023
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Season 1
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Episode 6
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20:43
Form 63: Investigation Without Prejudice
The Form 63 is arguably the most controversial form at the Industrial Commission. However, it is also THE form to file if you are looking to proactively investigate the claim. It allows for medical treatment to go forward and for th...
January 05, 2023
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Season 1
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Episode 5
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27:31
Form 60: Acceptance of a Claim
This episode discusses the Form 60, which formally accepts the claim. It is also a form I do NOT recommend filing, as you have a Form 63 at your disposal. Why is that important? We will discuss all of the implications if a For...
January 04, 2023
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Season 1
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Episode 4
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23:14
Form 18: Employee's Report of Injury
The employee has filed a claim. What should you look for on the form? What defenses may arise? How should you respond? We cover the many implications of a claim filing and ways for the employer and carrier to handle it.&...
January 03, 2023
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Season 1
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Episode 3
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32:03