What Is A TENS Machine?

TENS stands for Transcutaneous Electrical Nerve Stimulation.  A TENS machine is a device that uses mild electrical currents to stimulate nerves, generally used to reduce pain. A TENS machine is non-invasive because the electrodes are placed on the surface of the skin only. The TENS unit is often used to help reduce pain, especially pain in … Read more

Who Is the Nurse Case Manager In A Workers’ Compensation Case?


The job of the nurse case manager is to work directly with the individual patient in order to coordinate patient care. The nurse case manager is a registered nurse employed by the insurance carrier. The nurse case manager will often coordinate treatments between multiple doctors, and also keep the insurance carrier up-to-date about ongoing treatments, as well as when you will be medically cleared to return to work.

Workers' Compensation Nurse Case ManagerSince the insurance company pays the nurse case manager it is important that you and your workers’ compensation attorney scrutinize their efforts on your behalf. Too often nurse case managers try to push a treating physician into releasing an injured employee before the doctor should release them. We have also seen them try to convince a doctor not to provide certain types of treatment due to the fear it would cost too much money for the insurance company.

To try an avoid any improper actions by the nurse case manager the North Carolina Industrial Commission has set up guideline and rules they are required to follow. The North Carolina Industrial Commission Rules for Utilization of Rehabilitation Professionals in Workers’ Compensation Claims guides the conduct of nurse case managers.

Because the nurse case manager is an employee of your insurance carrier, it is advisable to discuss any questions about the role of your nurse case manager with your workers’ compensation attorney.

Can Someone Get Short-Term or Long-Term Disability and Workers' Compensation At The Same Time?

For short-term disability benefits, this often times depends on your specific short-term disability policy. While it may be possible to receive both benefits, oftentimes exclusions are made if workers’ compensation is paid. Just as with short-term disability, your ability to collect long-term disability benefits along with workers’ compensation will depend on the specifics of your … Read more

Can I Withdraw Or Take Out A Loan From My Retirement After Filing Bankruptcy?

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Regardless of whether you have filed a Chapter 7 or Chapter 13 bankruptcy, you cannot withdraw money OR take out a loan from your retirement account without court permission.

If you are in a Chapter 7 case, it is usually best to just wait until the bankruptcy case is completed and then if you need to withdraw funds or take out a loan, you can do so. If you request court permission during your bankruptcy, there will be attorney fees involved and it could lengthen your time in the bankruptcy case.

If you are in a Chapter 13 case, you need to contact your attorney as soon as you realize you may need a loan or withdrawal. The process takes some time, and usually your income and expenses have to be reviewed along with drafting the motion, filing the motion, and waiting for a court hearing. This whole process can take at least a month. Your attorney will also ask you specific questions about why you need to do the withdrawal or loan. The court will only approve withdrawals or loans if they are necessary, such as to fix your air conditioning unit, pay for a medical procedure, etc. The court will not approve the withdrawal or loan for unnecessary reasons such as taking a vacation or installing a swimming pool in your backyard.

Remember, communication with your attorney during your bankruptcy case is the key to a successful case. If you are ever in doubt, contact your attorney to find out how to proceed, but remember you cannot touch your retirement account during your bankruptcy case without getting court permission.
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Are Part-Time Employees Eligible for Workers’ Compensation?

In North Carolina, employers must carry workers’ compensation insurance if they have three or more employees. If you work for a company with three or more employees, you should be covered under your employer’s workers’ compensation insurance if you are injured on the job, even if you are a part-time or temporary employee.

Father and Daughter on ComputerIf you are a part-time or temporary employee, the calculation of your workers’ compensation benefits will be the same as if you were a full-time or permanent employee. Your average weekly wage will be calculated to determine the amount of weekly benefits you should receive while your workers’ compensation case is pending.

For more information on how the average weekly wage is calculated, read our blog post explaining the process.

The Dangers of Facebook to Your Bankruptcy

If you’re reading this blog post the chances are good that you have a Facebook profile or account. If so, you’re not alone. Recent statistics reported by The Blog Herald indicate that there are now over 500 million Facebook users. Of those 500 million users, half of those users log in to their Facebook account … Read more

What is the Coming and Going Rule in Workers’ Compensation?

Generally, North Carolina workers’ compensation law covers injuries that are sustained as a result from an accident that occurs during the course of employment. As you might imagine, there are plenty of gray areas to workers’ compensation law. One of the main elements that must be proven in a workers’ compensation case is that the … Read more

What You Need to Know Before Your Chapter 13 Phone Interview

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If you file a Chapter 13 bankruptcy in the Middle District of North Carolina (Greensboro, Winston-Salem and surrounding areas), you will be required to have a phone interview with the Chapter 13 Trustee’s office.

You will need to call the Trustee’s office to schedule your phone interview. Be sure to call in on the date and time it is scheduled for – if you do not call for your phone interview, the Court can dismiss your bankruptcy case!
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Another important note: the Trustee’s office cannot do the phone interview with you if they have not received all of the necessary documentation from you beforehand. It is important to submit all of the documents they have requested before the interview!
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Smartphone IconThe night before your phone interview, sit down with the copy of your bankruptcy petition you were given after your signing appointment. Remember: you came to our office for your signing appointment, we reviewed the petition together, and then we gave you a copy of the paperwork after the appointment was done.

During your phone interview, the staff from the Trustee’s office will be looking at the same paperwork that you have a copy of. You need to review it the night before just to refresh your memory on everything we reviewed together.
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The purpose of the phone interview is to review the file and ask you any clarification questions the court may have. Remember, our office has had a lot of interaction with you – we’ve asked you a lot of questions, received a lot of paperwork from you, and spent a lot of time with you. The only information the Trustee’s office has is the petition that was filed with the Court and the paperwork you submitted to them. It is important to be patient on the phone during the interview. They are asking questions so they have accurate information about your case. If you get frustrated or impatient, it will not help your case!
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Finally, be sure to keep a note pad near you during the interview. If you think of any questions during the phone interview, jot them down and call our office afterwards to talk to us about your questions.
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What is the North Carolina Industrial Commission's Form MSC8?

North Carolina Industrial Commission Form MSC8 is a mediated or compromised settlement agreement. This mediated settlement agreement sets forth the terms of the settlement agreement in a workers’ compensation case in North Carolina. The agreement stipulates certain agreed upon facts of the case which may include, but is not limited to, the following topics: 1) … Read more