On Friday, June 9, 2017, the North Carolina Supreme Court reached its decision in the Wilkes v. City of Greenville case, and the ramifications of the decision will have the most impact on workers’ compensation claims since the Reform Act of June 24, 2011.
At issue in the Wilkes case was the causation presumption. It has long been Defendants’ position that only the body parts specifically identified on a Form 60 or 63 are compensable, and it is Plaintiff’s burden of proving that other symptoms, conditions and/or injuries to other body parts are related to the original accident. The North Carolina Supreme Court in the Wilkes decision has struck down such an argument, holding that in admittedly compensable accidents, Plaintiffs are entitled to a rebuttable presumption that additional medical treatment for any symptoms, conditions or injuries is related to the work accident.
We encourage you to contact one of our attorneys to schedule a meeting or seminar to discuss the impact of the Wilkes decision on your current claims and your handling of future claims.