Action to Set Aside Form 60 - Hardison v. Goodyear Tire & Rubber Co., 776 S.E.2d 898 (N.C. Ct. App. 2015)
The North Carolina Court of Appeals upheld the Commission’s power to set aside a Form 60 on grounds of “newly discovered evidence” and “fraud and/or misrepresentation” provided a due diligent investigation is first undertaken. Hardison 776 S.E.2d 898, *5. Defendants filed a Form 60 admitting a 22 December 2011 hernia claim after Plaintiff consistently denied pre-claim abdominal issues. Discovery in a subsequently filed claim revealed that Plaintiff’s hernia was present as of 11 November 2011. Such neurology record was not discoverable at the time of the hernia acceptance as the neurologic condition was not claimed at that time.
Submitted by Matthew Ledwith, Hedrick Gardner Kincheloe & Garofalo, LLP