The Bollinger Law Firm, P.C.

Attendant Care in NC Workers' Comp -- a NEW trap for the unwary

On December 6, 2011 the NC Court of Appeals issued a decision that makes it harder to get attendant care paid for after the services are rendered.  In Mehaffey v. Burger King, COA 10-1421, the Court held in a 3-0 decision that an injured worker must get "pre-approval" for attendant care services in order to require the insurance carrier to pay for those services.  Retroactive payment for services rendered was rejected by the Court.  

This decision seems to be inconsistent with prior decisions of our appellate courts, so further proceedings are likely.  But for now, if you need attendant care, you need to seek authorization from the Industrial Commission by motion or hearing request immediately when the treating doctor first recommends attendant care.  Otherwise you may not be compensated for those services.  

Here at the Bollinger Law Firm we can help you if you need attendant care services.  Contact us for a free consultation. 

No Comments

Leave a comment
Comment Information
Board Certified Specialist Super Lawyers AV | Peer Review Rated Avvo  Best lawyers | Best Law firms u.s News
Email Us For a Response

Get A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Office Location

The Bollinger Law Firm, P.C.
601 E. 5th St., Suite 250
Charlotte, NC 28202-3095

Toll Free: 866-218-4759
Phone: 704-879-1800
Fax: 704-373-1977
Charlotte Law Office Map