Understanding Extended Compensation under North Carolina Workers' Compensation Act

In North Carolina, injured workers face a 500-week limit on receiving benefits. However, there are circumstances in which this cap can be extended. This article delves into the conditions under which extended compensation may be granted in North Carolina.

North Carolina General Statute § 97-29(c) outlines the criteria for extended compensation. To exceed the 500-week limit for temporary total disability, an employee must wait 425 weeks from the onset of disability. Furthermore, they must prove, typically through a preponderance of evidence, that they have suffered a total loss of wage-earning capacity.

Two significant cases shed light on when an injured worker might be eligible for an extension beyond the 500-week limit:

1. In Sturdivant v. North Carolina Department of Public Safety, the plaintiff sought an extension after receiving 425 weeks of benefits. However, they failed to convince the Deputy Commissioner that they had suffered a total loss of wage-earning capacity, and this decision was upheld by the Full Commission.
2. Betts v. North Carolina Department of Health and Human Services involved a plaintiff who appealed the denial of extended disability benefits. In this case, the Commission did not adequately consider the Russell factors when assessing the plaintiff's capacity to earn wages. The Court of Appeals remanded the decision for a proper assessment.

Both cases establish that a plaintiff can meet the burden of proof for extended benefits if they meet one of the Russell factors. However, it's worth noting that the Sturdivant case is currently pending before the North Carolina Supreme Court, as the defendants have filed a Petition for Certiorari.

In summary, an injured worker in North Carolina may be entitled to extended benefits under certain conditions. To qualify for these benefits, they must demonstrate a total loss of wage-earning capacity based on the Russell factors. Keep an eye out for updates and developments if the North Carolina Supreme Court grants the Sturdivant Defendants' Petition for Certiorari.

How would you feel if your State extended workers comp benefits to 500 weeks versus 425 weeks?

#PEO #PEOservices #PEOConsultant #PEOBroker #PEOpartner #hrsupport #PEOfortheCEO #PEOadvocate #MaximizeBenefits

Reference: Cranfill Sumner?Law Firm