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David Gantt

David Gantt

Compassionate, Responsive Legal Representation throughout Western North Carolina
  • Social Security Disability, Personal Injury, Workers' Compensation
  • North Carolina
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Biography

David Gantt is an Asheville-based Board Certified Workers’ Compensation Legal Specialist serving western North Carolina. In addition to work comp, David practices in the areas of Social Security Disability, Personal Injury, and Wrongful Death law.

He holds a BA in Economics from University of North Carolina at Chapel Hill in 1978, and earned his Juris Doctor from Campbell University Law School in 1981. David was admitted to the bar for North Carolina and U.S. District Court, Western District of North Carolina in 1981. In 1984, he was admitted to the U.S. Court of Appeals, Fourth Circuit, and U.S. District Court, Middle District of North Carolina. Since 1985, he has been admitted to the U.S. Supreme Court.

Active in the legal community, David holds membership to the 28th Judicial Bar, North Carolina, and America Bar Associations. He has served as a sustaining patron and in the President’s Club for North Carolina Advocates for Justice. David is also a member of the National Association of Social Security Disability Claimant’s Representatives, and NC Bar Association General Practice Hall of Fame.

In addition to his legal involvement, David strives to consistently take part in his local community. He currently holds board membership with the Martin Luther King, Jr. Committee; life membership to NAACP; Governor Appointments to Employment Security Commission (2008) and Mountain Resources Commission (2010); March of Dimes Babies Walk (Chairman, 2012). David was elected to the Buncombe County Board of Commissioners in 10 elections since 1996. In 2016, he retired from politics after 20 years in office.

Education
Campbell Law School
J.D. (1981) | Law
Campbell Law School Logo
University of North Carolina - Chapel Hill
B.A. | Economics
University of North Carolina - Chapel Hill Logo
Professional Experience
Managing Partner
David Gantt Law Office
- Current
Publications
Articles & Publications
“Woodson Worker’s Compensation Case”
North Carolina Academy of Trial Lawyer Magazine
Speaking Engagements
Trying the Automobile Injury Case in North Carolina
National Business Institute
Farmer's Right of First Refusal
North Carolina Academy of Trial Lawyers
Advanced Worker's Compensation and Ethics
North Carolina Academy of Trial Lawyers
Ethics from the Plaintiff's Worker's Compensation Perspective
Wake Forest University CLE
Social Security Administrative Mistakes and Remedies
North Carolina Academy of Trial Lawyers
Social Security Language Made Easy
North Carolina Academy of Trial Lawyers
Social Security Jargon for Beginners
North Carolina Academy of Trial Lawyers
Interpreting Social Security Language for Beginners
North Carolina Academy of Trial Lawyers
All Star Trial of Sex Harassment Case
North Carolina Bar Association
Intro to Social Security law
North Carolina Academy of Trial Lawyers
Ethics in Worker’s Compensation Cases
North Carolina Bar Association
Damages in Worker’s Compensation Cases
North Carolina Bar Association
Social Security Regulations
North Carolina Academy of Trial Lawyers
Basic Social Security Benefits
North Carolina Academy of Trial Lawyers
Workers' Compensation Ethics
North Carolina Industrial Commission
Basics of Social Security Law, Summer Convention, Sunset Beach, NC
NC Advocates for Justice
Social Security Law for Paralegals, Annual Meeting, Asheville, NC
NC Paralegal Association
Ethics in Workers' Compensation, Annual Meeting, Raleigh, NC
NC Industrial Commission
Why practice Social Security Disability law?, Mountain Magic, Asheville, NC
NC Advocates for Justice
Planning on the Blue Ridge Parkway, Fall Conference, Asheville, NC
American Planning Association
Cross Exam of Medical Expert in Social Security Disability Hearings, Webinar
American Bar Association
Certifications
Board Certified Specialist in Worker’ Compensation Law
Board of Legal Specialization
Awards
Best Lawyers, Workers' Compensation Claimants Section
Best Lawyers in America
David Gantt has been included in the 2021 Edition of Best Lawyers in America© in the Workers’ Compensation - Claimants section. This is David’s seventh consecutive year named to the list.
Best Lawyer
US News/Best Lawyers in America
Super Lawyer
North Carolina Super Lawyer
Best Lawyer
Best Lawyers in America
Asheville Workers' Compensation
Super Lawyer
North Carolina Super Lawyer
Best Law Firm
US News/Best Lawyers in America
Asheville - Workers' Compensation
Best Lawyer
Best Lawyers in America
Asheville - Workers' Compensation Section
Super Lawyer
North Carolina Super Lawyers
Best Law Firm
US News/Best Lawyers in America
Asheville Workers' Compensation
MLK Humanitarian Award
MLK Association of Asheville & Buncombe County
Lifetime Legacy Award
NC Conservation Easement Committee
Legacy Award
Southern Appalachian Highlands Conservancy
Lawyer of the Year, Workers’ Compensation; Asheville
Best Lawyers in America
Super Lawyer
North Carolina Super Lawyers
Best Law Firm
US News/Best Lawyers in America
Asheville Workers' Compensation
NC General Practice Hall of Fame
NC Bar Association
Greenway Hero
Friends of Connect Buncombe
Minnie Jones Social Justice Award
Western North Carolina Community Health Services
Champion of Buncombe County Animals
Asheville Humane Society
Outstanding Elected Official
American Planning Association- NC Chapter
Liston Ramsey Award
WNC 11th Congressional District Democrat of Year
Environmental Political Leadership Award
Sierra Club
Leaders in the Law
Elon University and NC Lawyers Weekly
Best Lawyer
Best Lawyers in America
Marvin Collins Outstanding Planning Award for Distinguished Leadership by an Elected Official
American Planning Association NC
Best Law Firm
US News/Best Lawyers in America
Asheville - Workers' Compensation
National Trial Lawyers Top 100
National Trial Lawyers
National Advocates Top 100 Lawyer
National Advocates
Best Lawyer
Best Lawyers in America
Martindale Hubbell Client Distinction Award
Martindale Hubbell
WNC Elected Official of the Year
Mountain True
AV Preeminent 5.0 out of 5 Peer Review Rated
Martindale-Hubbell
Top 100 Litigation Lawyers in NC
American Society of Legal Advocates
Top 100 Litigation Lawyers in NC
American Society of Legal Advocates
Stepp Labor Leader Award
WNC Central Labor Council
Environmental Excellence Award
Asheville Greenworks
Top 100 Lawyers in NC
American Trial Lawyers Association
Leadership Award
Sierra Club
Super Lawyer
North Carolina Super Lawyers
Top 100 Lawyers in NC
American Trial Lawyers Association
Super Lawyer
North Carolina Super Lawyers
Citizen Lawyer Award
North Carolina State Bar Association
Professional Associations
National Association of Social Security Disability Claimant's Representatives
Sustaining Patron
- Current
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North Carolina and American Bar Associations
Member
- Current
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North Carolina State Bar
Member
- Current
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28th Judicial District
Member
- Current
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President’s Club- North Carolina Advocates for Justice
Member
- Current
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NC Advocates for Justice
President's Club
- Current
Activities: Past Chair of Disability Advocates (SS) Section
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Jurisdictions Admitted to Practice
North Carolina
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U.S. Supreme Court
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Fees
  • Free Consultation
  • Contingent Fees
Practice Areas
    Social Security Disability
    Personal Injury
    Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
    Workers' Compensation
Additional Practice Area
  • Car Accidents
Languages
  • English
Legal Answers
Q. Can I file workers comp for an injury that occurred at work while I was still employed there in February ‘19?
A: Yes, in some situations. While NC law technically requires filing a workers' compensation claim within thirty (30) days of the accident, the Court will accept claims filed within two (2) years in most situations. The Courts have generally held that claims filed within two (2) years are timely if the employer had actual notice of accident, had no prejudice by the delay, and/or has paid some medical bills or wage replacement. In filings after two (2) years, NC Courts will require that employers have actual notice and/or pay some medical bills or wage replacement to be considered a timely filing. In some extreme cases where the employee has been misled or fraudulently told the claim has been filed or is accepted, the Courts have applied an equitable estoppel to permit filing after two (2) years. Your injury in February 2019 would probably need a showing that one or both of the last two (2) situations apply since you are clearly outside the normal two (2) year requirement for filing. You should file a Form 18 (NC provided form) as soon as possible. You should check on who paid for medical treatment since those payments can re-start the two (2) year time period.
Q. As a NC business owner currently involved in a work comp claim, can the carrier's defense council legally threaten...
A: While I would not be comfortable directly answering your question while you have legal counsel, I will suggest you contact NC Department of Insurance 1-855-408-1212; www.ncdoi.gov for a response to the obvious conflicts of interest here.
Q. Do I have the right to deny a recommended procedure by a doctor and still be covered by W/C for possible future surgery?
A: NC law requires injured workers be given reasonable and necessary medical care. Our law also gives WC insurance companies the right to control medical treatment as long as they recognize the WC claim. Future medical treatment can be claimed for two (2) years after the last payment of weekly wage replacement or medical bill. When you refuse recommended treatment by a qualified physician, your refusal can trigger a WC insurance attempt to cut off your weekly benefit for the duration of your refusal. The IC could issue an ORDER permitting the interruption in weekly benefits to you for the time of your unjustified refusal. The key here is whether you are refusing "necessary" medical care. The WC Court or Industrial Commission (IC) can decide the question of fact as to whether the recommended procedure is "necessary". The injured worker can also ask the IC nurse to review the dispute and try to mediate a resolution without IC formal action. I usually advise clients in this situation to ask the IC nurse to review and see if dispute can be handled in this more timely fashion. I find that WC insurance companies rarely wish to go against the opinion of the IC nurse.
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Websites & Blogs
Website
David Gantt Law Office Website
Website
Free Online Disability Evaluation
Blog
David Gantt Law Office
Blog
David Gantt's Personal Injury Blog
Blog
David Gantt's Workers' Comp Blog
Contact & Map
82 Church St
Asheville, NC 28801
Telephone: (828) 252-2852
Fax: (828) 254-4539