Attorney Author

Articles by Damon Duncan

Workers' Compensation

What is Total and Permanent Disability?

If you have suffered a workers’ compensation injury, the impact on you and your family can be financially and emotionally devastating.  When the injury results in total and permanent disability, the impact is more profound.  Not only is there the trauma from the injury but there is one less wage earner in the family. Total … Read more

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Workers' Compensation

Can I Collect Unemployment and Workers' Compensation Benefits at the Same Time?

You cannot receive unemployment and workers’ compensation payouts or benefits at the same time.  The principal behind workers compensation is that you are getting reimbursed for the wages you are missing because you are injured.  Therefore, you should not be receiving any unemployment payments because then you would be theoretically getting paid two wages at … Read more

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Bankruptcy Basics

How is the Household Size Determined for the Means Test?

The basic purpose of the Means Test is to determine whether a Debtor is eligible to file Chapter 7 bankruptcy. Along with other supporting requirements, the Means Test plays a major role in Chapter 7 bankruptcy. The Means Test also tells us whether a Debtor would need to pay back some of their debts in a Chapter 13 bankruptcy if they do not “pass.” Simply put, the Means Test determines the Debtor’s monthly income by taking the Debtor’s household’s gross income and subtracting qualified deductions. By doing this, we can decide whether the Debtor would need to be looking into filing a Chapter 7 bankruptcy or Chapter 13 bankruptcy.

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Workers' Compensation

What is Permanent Partial Disability?

If you are an employee that has been injured and filed a North Carolina workers’ compensation claim, you may be entitled to permanent partial disability benefits which is also called “PPD.”  Since workers’ compensation is administered by each state, the amount of compensation for permanent partial disability and how it is administered may vary.  In … Read more

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Workers' Compensation

What Should I Expect at a Workers’ Compensation Mediation?

In North Carolina, if a party to a workers’ compensation case, such as an injured worker or an employer/insurance company, has requested a hearing in front of the North Carolina Industrial Commission by filing a Form 33, a mediation is required by state law. However, if an agreement or settlement is reached by all parties before the mediation, the mediation is not necessary. Sometimes, the parties agree to an informal mediation between themselves.

The purpose of the mediation is for the parties to come together, with the assistance of an approved mediator, and try to settle the matter without the cost and expense of a formal hearing in front of a deputy commissioner, who is similar to a judge.

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