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Questions Answered by David Gantt
1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Do I have the right to deny a recommended procedure by a doctor and still be covered by W/C for possible future surgery?
David Gantt
David Gantt answered on Nov 24, 2020

NC law requires injured workers be given reasonable and necessary medical care. Our law also gives WC insurance companies the right to control medical treatment as long as they recognize the WC claim. Future medical treatment can be claimed for two (2) years after the last payment of weekly wage... Read more »

2 Answers | Asked in Workers' Compensation for North Carolina on
Q: I recently broke my foot at work and now the workmans comp adjuster wants a recorded statement. What do I do?

I told her I needed to consult with an atty 1st.

David Gantt
David Gantt answered on Nov 19, 2020

You should speak with an experienced Workers' Compensation lawyer before making any recorded statement. NC law does not automatically recognize and accept injuries just because they happen at work. The law also requires an accident or very specific occupational disease (not applicable to a... Read more »

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1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Asked ...Is it legal in NC for employer to fill out initial accident report and file w/out employee knowledge or signing

I'm sorry forms 18 and 19 were filled out properly by both employee and employer question is regarding the initial accident/injury report (employer form to be filled out by employee) this form was filled out by the employer NOT employee as it states on the top if the form after it was... Read more »

David Gantt
David Gantt answered on Oct 9, 2020

While signing the employee's name on a form that was not authorized by him/her is fraudulent, I don't know of any specific legal penalties you could gain from a false private internal company document. You certainly could use the unauthorized document as evidence of lack of employer... Read more »

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: In NC is it legal for an employer to fill out injury report and file it for an employee without their knowledge

The injury report was not written or even seen by me until 9 months later and denial from insurance to cover my injury.. my signature was not obtained and the employer did not write correctly what happened or even go over the details of the accident/injury with me. but employer submitted it to... Read more »

David Gantt
David Gantt answered on Oct 5, 2020

The NC Court that handles workers' compensation (WC) cases has specific forms for both employees (Form 18) and employers (Form 19) to fill out within thirty (30) days of a work accident. However, the Court will consider employee injury reports as old as two (2) years from the accident... Read more »

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Can workmen compensation insurance deny your claim and not notify you?

I was denied wirkmen compensation for a third claim. Was never notofied by workmen comp the claim was denied . Insteaf I was forced into mediation relsasing thevworkmen comp insurance of all clailms. I was nevet sent a demial of claim in wtiting.

David Gantt
David Gantt answered on Sep 17, 2020

In NC, you can always request a hearing before the Industrial Commission (Workers' Compensation Court) on any disputes. Insurance companies are supposed to promptly respond with written answer to any WC notice of accidents, but are rarely penalized for failure to do so. Disputed claims are... Read more »

1 Answer | Asked in Social Security for North Carolina on
Q: My Mom, from NC, is 74, widowed 2 yrs. ago, and is currently engaged. Will she lose her social security?

They have a prenuptial in the making, but not signed yet.

David Gantt
David Gantt answered on Apr 6, 2020

Your Mom should not lose her Social Security (SS) Retirement due to remarriage. Even if she is drawing Widow's Benefits on her deceased husband's account, her remarriage should not affect her SS retirement since the remarriage is only relevant for marriages before age 60.... Read more »

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