reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0100 - ADMINISTRATION › Section 23A .0106 - FILING OF ANNUAL REPORT REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Every carrier, individual self-insurer, group self-insurer,
					 and member self-insurer as defined by
					 G.S.
					 97-130 shall submit on a yearly basis a Form
					 51
Annual
Consolidated Fiscal Report of "Medical Only"
					 and "Lost Time" Cases
.
Authority
					 G.S.
					 97-80(a);
					 97-92;
					 97-93;
					 97-130;
Eff. November
					 1, 2014;
Recodified from
					 04 NCAC
					 10A .0106 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0100 - ADMINISTRATION › Section 23A .0107 - COMPUTATION OF TIME AND NOTICE BY THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except
				  as otherwise provided by statute or rule, in computing any period of time
				  prescribed or allowed by the Commission Rules, order of the Commission, or any
				  applicable statute, the day of the act, event, or default after which the
				  designated period of time begins to run shall not be included. The last day of
				  the period so computed shall be included, unless it is a Saturday, a Sunday, or
				  a holiday established by the State Human Resources Commission pursuant to
				  25 NCAC
				  01E .0901 and any subsequent amendments
				  thereto, in which event the period runs until the end of the next State
				  business day. When the period of time prescribed or allowed is less than seven
				  days, intermediate Saturdays, Sundays, and holidays shall be excluded in the
				  computation. Whenever a party has the right to do some act or take some
				  proceedings within a prescribed period after the service of any document by
				  mail, three days shall be added to the prescribed period.
(b) If service is provided by electronic
				  mail, notice pursuant to
				  G.S.
				  97-86 is complete one hour after it is sent
				  by the Commission, provided that:
(1) notice
				  sent after 5:00 p.m. shall be complete at 8:00 a.m. the following State
				  business day; and
(2) notice sent
				  by electronic mail that is not readable by the recipient is not complete.
				  Within five State business days of receipt of an unreadable document, the
				  receiving party shall notify the Commission of the unreadability of the
				  document.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0100 - ADMINISTRATION › Section 23A .0109 - CONTACT INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Contact
				  information" for purposes of this Rule shall include telephone number,
				  facsimile number, email address, and mailing address.
(b) All attorneys of record with matters
				  before the Commission shall provide and maintain current contact information
				  via the Commission's Electronic Document Filing Portal ("EDFP").
(c) All unrepresented persons or entities
				  with matters before the Commission shall inform the Commission upon any change
				  to their contact information in the following manner:
(1) All employees who are not represented by
				  counsel shall inform the Commission of any change in contact information by
				  filing a written notice via EDFP, email to contactinfo@ic.nc.gov, facsimile to
				  (919) 715-0282, U.S. mail sent to Office of the Clerk, 1236 Mail Service
				  Center, Raleigh North Carolina 27699-1236, private courier service in
				  accordance with Rule .0101 of this Section, or hand delivery in accordance with
				  Rule .0101 of this Section.
(2) All
				  non-insured employers that are not represented by counsel shall inform the
				  Commission of any change in contact information by filing a written notice via
				  EDFP, email to contactinfo@ic.nc.gov, facsimile to (919) 715-0282, U.S. mail
				  sent to Office of the Clerk, 1236 Mail Service Center, Raleigh North Carolina
				  27699-1236, private courier service in accordance with Rule .0101 of this
				  Section, or hand delivery in accordance with Rule .0101 of this
				  Section.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0200 - NOTICE OF ACT › Section 23A .0201 - POSTING REQUIREMENT FOR EMPLOYERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  form required to be posted by
				  G.S.
				  97-93(e) is the Form 17
Workers' Compensation Notice to Injured Workers and Employers
,
				  that includes the following:
(1) name of
				  insurer;
(2) policy number;
				  and
(3) dates of
				  coverage.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0300 - INSURANCE › Section 23A .0302 - REQUIRED CONTACT INFORMATION FROM CARRIERS

Current through Register Vol. 39, No. 2, July 15, 2024
All insurance carriers, third party administrators, and
					 self-insured employers shall designate a primary contact person for workers'
					 compensation issues in North Carolina and shall maintain and provide annually
					 on July 1 to the Director of Claims Administration of the Commission via the
					 Commission's Electronic Document Filing Portal ("EDFP") the primary contact
					 person's current contact information, including direct telephone and facsimile
					 numbers, mailing addresses, and email addresses. Contact information shall be
					 updated within 30 days of any change.
Authority
					 G.S.
					 97-80(a);
					 97-94;
Eff. January 1,
					 2011;
Amended Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0302 Eff. June 1, 2018;
Amended Eff. December 1, 2018;
Amended Eff. March 1,
					 2021.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0400 - DISABILITY, COMPENSATION, FEES › Section 23A .0401 - CALCULATING THE SEVEN-DAY WAITING PERIOD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the
				  injured employee is not paid wages for the entire day on which the injury
				  occurred, the seven-day waiting period prescribed by the Workers' Compensation
				  Act shall include the day of injury regardless of the hour of the
				  injury.
(b) When the injured
				  employee is paid wages for the entire day on which the injury occurred and
				  fails to return to work on his next regular workday because of the injury, the
				  seven-day waiting period shall begin with the first calendar day following the
				  injury, even though this may or may not be a regularly scheduled
				  workday.
(c) All days, or parts of
				  days, when the injured employee is unable to earn a full day's wages, or is not
				  paid a full day's wages due to injury, shall be counted in computing the
				  waiting period even though the days may not be consecutive, or regularly
				  scheduled workdays.
(d) There is no
				  seven-day waiting period when the permanent partial disability period added to
				  the temporary disability period, exceeds 21 days.
Authority
					 G.S.
					 97-28;
					 97-80(a);
Eff. January 1, 1990;
Amended Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0401 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0400 - DISABILITY, COMPENSATION, FEES › Section 23A .0402 - SUBMISSION OF EARNINGS STATEMENT REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Within
				  30 days of a request by the employee or the Commission, the employer shall
				  submit a verified statement of the specific days worked and the earnings of the
				  employee during the 52-week period immediately preceding the injury to the
				  Commission and the employee's attorney of record or the employee, if not
				  represented.
(b) In all cases
				  involving a fractional part of a week, the average weekly wage shall be
				  computed based upon the applicable fractional portion of the week
				  worked.
Authority
					 G.S.
					 97-2(5);
					 97-18(b);
					 97-80(a);
					 97-81;
Eff. January 1,
					 1990;
Amended Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0402 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0400 - DISABILITY, COMPENSATION, FEES › Section 23A .0403 - MANNER OF PAYMENT OF COMPENSATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  payments of compensation shall be made directly to the employee, dependent,
				  guardian or personal representative. Payment of compensation shall be mailed by
				  first class mail, postage pre-paid, to an address specified by the employee,
				  unless another method is specified by and agreed upon by the parties.
(b) All payments of compensation shall be
				  made in accordance with the award issued by the Commission.
Authority
					 G.S.
					 97-18;
					 97-80(a);
Eff. January 1, 1990;
Amended Eff. November 1, 2014; June 1,
					 2000;
Recodified from
					 04 NCAC
					 10A .0403 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0400 - DISABILITY, COMPENSATION, FEES › Section 23A .0404 - TERMINATION AND SUSPENSION OF COMPENSATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  application to terminate or suspend compensation shall be approved by the
				  Commission without a formal hearing if the effect of the approval is to set
				  aside the provisions of an award of the Commission.
(b) When an employer, carrier, or
				  administrator seeks to terminate or suspend temporary total disability
				  compensation being paid pursuant to
				  G.S.
				  97-29 for a reason other than those specified
				  in G.S.
				  97-18(d) (payment without
				  prejudice),
				  G.S.
				  97-18.1(b) (trial return to
				  work), or G.S. 97-29(b)
				  (expiration of 500-week limit on disability compensation (only for claims
				  arising on or after June 24, 2011)), the employer, carrier, or administrator
				  shall notify the employee's attorney of record or the employee, if not
				  represented, on Form 24,
Application to Terminate or Suspend Payment of
				  Compensation
. This form requests:
(1) the date of injury or accident and date
				  the disability began;
(2) the
				  nature and extent of injury;
(3)
				  the number of weeks of compensation paid and the date range(s) during which
				  such compensation was paid;
(4) the
				  total amount of indemnity compensation paid to date;
(5) whether one of the following events has
				  occurred:
(A) an agreement was approved by the
				  Commission and the date;
(B) an
				  employer admitted employee's right to compensation pursuant to
				  G.S.
				  97-18(b);
(C) an employer paid compensation to the
				  employee without contesting the claim within the statutory period provided
				  under G.S. 97-18(d);
				  or
(D) any other event related to
				  the termination or suspension of compensation;
(6) whether the application is made to
				  terminate or suspend compensation and the grounds; and
(7) whether the employee is in managed
				  care.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0400 - DISABILITY, COMPENSATION, FEES › Section 23A .0406 - DISCOUNT RATE TO BE USED IN DETERMINING COMMUTED VALUES

Current through Register Vol. 39, No. 2, July 15, 2024
To compute the present value of unaccrued compensation
					 payments, the parties shall utilize the Internal Revenue Service's Applicable
					 Federal Rate or the discount rate that is:
(1) used to determine the present value of an
				  annuity, an interest for life or a term of years, or a remainder or
				  reversionary interest,
(2) set
				  monthly by the Internal Revenue Service for Section 7520 interest rates,
				  and
(3) found in the Index of
				  Applicable Federal Rate (AFR) Rulings. The Index of AFR Rulings is hereby
				  incorporated by reference and includes subsequent amendments and editions. A
				  copy may be obtained at no charge from the Internal Revenue Service's website,
https://apps.irs.gov/app/picklist/list/federalRates.html
or upon request, at the offices of the Commission, located in the Dobbs
				  Building, 430 North Salisbury Street, Raleigh, North Carolina, between the
				  hours of 8:00 a.m. and 5:00 p.m.
Authority
					 G.S.
					 97-40;
					 97-44;
					 97-80(a);
Eff. January 1, 1990;
Amended Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0406 Eff. June 1, 2018;
Amended Eff. October 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0400 - DISABILITY, COMPENSATION, FEES › Section 23A .0407 - FEES FOR MEDICAL COMPENSATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 97-18(i);
					 97-25.6;
					 97-26;
					 97-80(a);
					 138-6;
Eff. January
					 1, 1990;
Amended Eff. June 1, 2000; March 15, 1995;
Repealed Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0407 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0400 - DISABILITY, COMPENSATION, FEES › Section 23A .0408 - APPLICATION FOR OR STIPULATION TO ADDITIONAL MEDICAL COMPENSATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An employee may file an application for
				  additional medical compensation with the Office of the Executive Secretary for
				  an order for payment of additional medical compensation within two years of the
				  date of the last payment of medical or indemnity compensation, whichever occurs
				  last. An application may be made on a Form 18M Employee's Application for
				  Additional Medical Compensation or by written request. In the alternative, an
				  employee may file an application for additional medical compensation by filing
				  a Form 33 Request that Claim be Assigned for Hearing with the Commission
				  pursuant to Rule .0602 of this Subchapter.
(b) Upon receipt of a Form 18M Employee's
				  Application for Additional Medical Compensation or a written request, the
				  Commission shall notify the employer, carrier, or administrator that the claim
				  has been received by providing a copy of the Form 18M Employee's Application
				  for Additional Medical Compensation or the written request. Within 30 days, the
				  employer, carrier, or administrator may send to the Commission and the
				  employee's attorney of record or the employee, if unrepresented, a written
				  statement as to whether the request is accepted or denied. If the request is
				  denied, the employer, carrier, or administrator may state in writing the
				  grounds for the denial and shall attach any supporting documentation to the
				  statement of denial.
(c) The
				  parties may, by agreement or stipulation consistent with the Workers'
				  Compensation Act, provide for additional medical compensation.
(d) This Rule applies to injuries occurring
				  on or after July 5, 1994.
Authority
					 G.S.
					 97-25.1;
					 97-80(a);
Eff. March 15, 1995;
Amended Eff. November 1, 2014; June 1,
					 2000;
Recodified from
					 04 NCAC
					 10A .0408 Eff. June 1, 2018;
Amended Eff. December 1, 2020.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0400 - DISABILITY, COMPENSATION, FEES › Section 23A .0410 - COMMUNICATION FOR MEDICAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				  an employer seeks to communicate pursuant to
				  G.S.
				  97-25.6(c)(2) with an
				  employee's authorized health care provider in writing, without the express
				  authorization of the employee, to obtain relevant medical information not
				  available in the employee's medical records under
				  G.S.
				  97-25.6(c)(1), the employer
				  may use the Commission's Medical Status Questionnaire.
(b) When an employee seeks a protective order
				  under G.S.
				  97-25.6(d)(4) or
				  G.S.
				  97-25.6(f), the employee
				  shall provide the following to the Commission:
(1) the proposed written communication and
				  any proposed additional information from which the employee seeks a protective
				  order;
(2) description of any
				  attempt to resolve the issue cooperatively;
(3) grounds for the protective order;
				  and
(4) any alternative methods to
				  discover the information.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0400 - DISABILITY, COMPENSATION, FEES › Section 23A .0411 - SAFETY RULES

Current through Register Vol. 39, No. 2, July 15, 2024
The process for the Commission to approve safety rules or
					 regulations adopted by an employer as set forth in
					 G.S.
					 97-12 is as follows:
(1) The rules shall comply with the general
				  provisions of the safety rules outlined by the American National Standards
				  Institute and the Occupational Safety and Health Act. These standards can be
				  purchased at
http://ansi.org/
and
				  accessed free of charge at
https://www.osha.gov/law-regs.html
,
				  respectively.
(2) The rules shall
				  be filed by the employer in writing with the Commission in accordance with Rule
				  .0108 of this Subchapter.
(3) The
				  rules shall be reviewed by the Commission or the Commission's designee and
				  approved if they are found to be in compliance with Item (1) of this Rule. The
				  Commission shall return to the employer a copy of the rules bearing a
				  certificate of approval from the Commission indicating that the rules have been
				  approved by the Commission pursuant to
				  G.S.
				  97-12. An employer may revise and resubmit
				  the rules if not approved by the Commission.
Authority
					 G.S.
					 97-12;
					 97-80(a);
Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0411 Eff. June 1, 2018;
Amended Eff. December 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0500 - AGREEMENTS › Section 23A .0502 - COMPROMISE SETTLEMENT AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commission shall not approve a compromise settlement agreement unless it
				  contains the following:
(1) The employee
				  knowingly and intentionally waives the right to further benefits under the
				  Workers' Compensation Act for the injury that is the subject of this
				  agreement.
(2) The parties'
				  agreement, if any, as to the payment of the costs due to the Commission
				  pursuant to
				  11 NCAC
				  23E .0203, and any mediation costs pursuant
				  to 11
				  NCAC 23G .0107. If there is no agreement as
				  to the payment of some or all of these costs, the compromise settlement
				  agreement shall include the credits, including the amounts, to be applied by
				  the employer or carrier against the settlement proceeds.
(3) An affirmative statement that no rights
				  other than those arising under the provisions of the Workers' Compensation Act
				  are compromised or released by this agreement.
(4) Whether the employee has, or has not,
				  returned to work.
(5) If the
				  employee has returned to work, whether the employee is earning the same or
				  greater average weekly wage.
(6) If
				  the employee has returned to work at a lower average weekly wage, a description
				  of the specific job or position, the name of the employer, and the average
				  weekly wage earned. This Subparagraph does not apply if the employee is
				  represented by counsel or if the employee certifies that partial wage loss due
				  to an injury or occupational disease is not being claimed.
(7) If the employee has not returned to work,
				  a summary of the employee's age, educational level, past vocational training,
				  past work experience, and any emotional, mental, or physical impairment that
				  predates the current injury or occupational disease. This Subparagraph does not
				  apply if:
(A) it places an unreasonable burden
				  upon the parties;
(B) the employee
				  is represented by counsel; or
(C)
				  the employee certifies that total wage loss due to an injury or occupational
				  disease is not being claimed.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0500 - AGREEMENTS › Section 23A .0503 - NOTICE OF LAST PAYMENT FILING REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The form(s) required to be provided by
					 G.S.
					 97-18(h) include the
					 following:
(1) Form 28B Report of
				  Employer or Carrier/Administrator of Compensation and Medical Compensation Paid
				  and Notice of Right to Additional Medical Compensation; and
(2) Form 28C Report of Employer or
				  Carrier/Administrator of Compensation and Medical Compensation Paid Pursuant to
				  a Compromise Settlement Agreement.
Authority
					 G.S.
					 97-18(h);
					 97-80(a);
Eff. January 1, 1990;
Amended Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0503 Eff. June 1, 2018;
Amended Eff. December 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0601 - EMPLOYER'S OBLIGATIONS UPON NOTICE; DENIAL OF LIABILITY; AND SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon the employee's filing of a claim for
				  compensation with the Commission, the Commission may order sanctions pursuant
				  to G.S.
				  97-18(j) against the
				  employer or its insurance carrier if it does not, within 30 days following
				  notice from the Commission of the filing of the claim, or 90 days when a
				  disease is alleged to be from exposure to chemicals, fumes, or other materials
				  or substances in the workplace, do one of the following:
(1) File a Form 60
Employer's
				  Admission of Employee's Right to Compensation
to notify the Commission
				  and the employee in writing that the employer is admitting the employee's right
				  to compensation and, if applicable, satisfy the requirements for payment of
				  compensation under
				  G.S.
				  97-18(b);
(2) File a Form 61
Denial of Workers'
				  Compensation Claim
to notify the Commission and the employee that the
				  employer denies the employee's right to compensation consistent with
				  G.S.
				  97-18(c);
(3) File a Form 63 Notice to Employee of
				  Payment of Compensation Without Prejudice consistent with
				  G.S.
				  97-18(d).
For purposes of this Rule, sanctions ordered pursuant to
					 G.S.
					 97-18(j) shall not prohibit
					 the employer or its insurance carrier from contesting the compensability of and
					 its liability for the claim.
Requests for extensions of time to comply with
					 G.S.
					 97-18(j) shall be addressed
					 to the Claims Administration Section.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0602 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Contested
				  claims shall be set on the hearing docket only upon the written request of one
				  of the parties for a hearing or rehearing of the case in dispute. Any request
				  for hearing shall contain the following:
(1)
				  the basis of the disagreement between the parties, including a statement of the
				  issues raised by the requesting party;
(2) the date of injury;
(3) the part of the body injured;
(4) the city and county where the injury
				  occurred;
(5) the names and
				  addresses of all doctors and other expert witnesses whose testimony is needed
				  by the requesting party;
(6) the
				  names of all lay witnesses to be called to testify for the requesting
				  party;
(7) an estimate of the time
				  required for the hearing of the case; and
(8) the telephone number(s), email
				  address(es), and mailing address(es) of the party(ies) requesting the hearing
				  and their legal counsel.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0603 - RESPONDING TO A PARTY'S REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No later
				  than 45 days from receipt of a request for hearing from a party, the opposing
				  party or parties shall file with the Commission a response to the request for
				  hearing.
(b) The response shall
				  contain the following:
(1) the basis of the
				  disagreement between the parties, including a statement of the issues raised by
				  the moving party that are conceded and the issues raised by the moving party
				  that are denied;
(2) the date of
				  the injury, if it is contended to be different than that alleged by the moving
				  party;
(3) the part of the body
				  injured, if it is contended to be different than that alleged by the moving
				  party;
(4) the city and county
				  where the injury occurred, if they are contended to be different than that
				  alleged by the moving party;
(5) an
				  estimate of the time required for the hearing of the case; and
(6) the telephone number(s), email
				  address(es), and mailing address(es) of the party or parties responding to the
				  request for hearing and their legal counsel.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0604 - APPOINTMENT OF GUARDIAN AD LITEM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Minors or
				  incompetent individuals may bring an action only through their guardian ad
				  litem. Upon the written application on a Form 42 Application for Appointment of
				  Guardian Ad Litem, the Commission shall appoint the person as guardian ad
				  litem, if the Commission determines it to be in the best interest of the minor
				  or incompetent individual. The Commission shall appoint the guardian ad litem
				  only after due inquiry as to the fitness of the person to be
				  appointed.
(b) No compensation due
				  or owed to an incompetent individual shall be paid directly to the guardian ad
				  litem, unless the guardian ad litem has authority to receive the money pursuant
				  to a federal or state court order. No compensation due or owed to a minor shall
				  be paid directly to the guardian ad litem, except that a parent, legal
				  guardian, or legal custodian may receive compensation on behalf of a minor in
				  his or her capacity as parent, legal guardian, or legal custodian.
(c) The Commission may assess a fee to be
				  paid by the employer or the insurance carrier to an attorney who serves as a
				  guardian ad litem for services rendered upon receipt of an affidavit of time
				  spent in representation of the minor or incompetent individual as part of the
				  costs.
Authority
					 G.S.
					 97-50;
					 97-79(e);
					 97-80(a);
					 97-91;
Eff. January 1,
					 1990;
Amended Eff. November 1, 2014; January 1, 2011; June 1, 2000;
					 March 15, 1995;
Recodified from
					 04 NCAC
					 10A .0604 Eff. June 1, 2018;
Amended Eff. January 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0606 - DISCOVERY - POST HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Discovery may not be conducted after the initial hearing on
					 the merits of a case unless allowed by order of a Commissioner or Deputy
					 Commissioner. In determining whether to allow further discovery, the
					 Commissioner or Deputy Commissioner shall consider whether further discovery is
					 in the interests of justice or to promote judicial economy.
Authority
					 G.S.
					 97-80(a);
					 97-80(f);
Eff. January 1, 1990;
Amended Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0606 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0607 - DISCOVERY OF RECORDS AND REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  written request, any party shall provide to the requesting party without cost,
				  a copy of all medical, vocational and rehabilitation reports, employment
				  records, Commission forms, and written communications with health care
				  providers in its possession, within 30 days of the request, unless objection is
				  made within that time period. The duty to respond exists whether or not a
				  request for hearing has been filed and is a continuing one, and any such
				  reports and records that come into the possession of a party after receipt of a
				  request pursuant to this Rule shall be provided to the requesting party within
				  15 days from the party's receipt of these reports and records.
(b) Upon receipt of a request, a carrier or
				  administrator for an employer's workers' compensation program shall inquire of
				  the employer concerning the existence of records encompassed by the
				  request.
Authority
					 G.S.
					 97-80(a);
					 97-80(b);
					 97-80(f);
Eff. January 1, 1990;
Amended Eff. November 1, 2014; June 1, 2000;
					 March 15, 1995;
Recodified from
					 04 NCAC
					 10A .0607 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0608 - STATEMENT OF INCIDENT LEADING TO CLAIM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon the
				  request of the employer or the employer's agent to take a written or a recorded
				  statement, the employer or the employer's agent shall advise the employee that
				  the statement may be used to determine whether the claim will be paid or
				  denied. Any employee who gives his or her employer, the employer's carrier, or
				  any agent of the employer either a written or recorded statement of the facts
				  and circumstances surrounding his or her injury shall be furnished a copy of
				  the statement within 45 days after a request by the employee. Further, any
				  employee who gives a written or recorded statement of the facts and
				  circumstances surrounding his or her injury shall, without request, be
				  furnished a copy of the statement within 45 days after the filing of a Form 33
				  Request that Claim be Assigned for Hearing. The copy shall be furnished at the
				  expense of the person, firm, or corporation at whose direction the statement
				  was taken.
(b) If any person, firm,
				  or corporation fails to comply with this Rule, then a Commissioner or Deputy
				  Commissioner may, if it is in the interest of justice, enter an order
				  prohibiting that person, firm, or corporation, or its representative, from
				  introducing the statement into evidence or using any part of the
				  statement.
Authority
					 G.S.
					 97-80(a);
Eff.
					 January 1, 1990;
Amended Eff. November 1, 2014; June 1,
					 2000;
Recodified from
					 04 NCAC
					 10A .0608 Eff. June 1, 2018;
Amended Eff. December 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0609 - MOTIONS PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Motions and
				  responses before a Deputy Commissioner:
(1)
				  in cases that are currently calendared for hearing before a Deputy Commissioner
				  shall be filed in accordance with Rule .0108 of this Subchapter.
(2) to reconsider or amend an Opinion and
				  Award, made prior to giving notice of appeal to the Full Commission, shall be
				  addressed to the Deputy Commissioner who authored the Opinion and Award and
				  filed in accordance with Rule .0108 of this Subchapter.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0610 - PRE-TRIAL AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A Pre-Trial
				  Agreement shall be signed by the attorneys and filed with the Commission in
				  accordance with Rule .0108 of this Subchapter 10 days before the hearing,
				  unless a shorter time period is ordered upon agreement of the
				  parties.
(b) The Pre-Trial
				  Agreement shall be prepared in a form that conforms to the Order on Final
				  Pre-Trial Conference adopted in the North Carolina Rules of Practice for the
				  Superior and District Courts. Should the parties fail to comply with a
				  Pre-Trial Order, the Commissioner or Deputy Commissioner shall remove the case
				  from the hearing docket if required in the interests of justice or to promote
				  judicial economy. Should the parties comply with the Pre-Trial Order after the
				  removal of the case, the Pre-Trial Agreement shall be directed to the
				  Commissioner or Deputy Commissioner who removed the case from the docket and
				  filed in accordance with Rule .0108 of this Subchapter. The Commissioner or
				  Deputy Commissioner shall order the case returned to the hearing docket as if a
				  Request for Hearing had been filed on the date of the Order to return the case
				  to the hearing docket. No new Form 33 Request that Claim be Assigned for
				  Hearing is required.
(c) If the
				  parties need a conference, a Commissioner or Deputy Commissioner shall order
				  the parties to participate in a pre-trial conference. This conference shall be
				  conducted at such place and by such method as the Commissioner or Deputy
				  Commissioner deems appropriate in the interests of justice or judicial economy,
				  including conference telephone calls.
(d) Any party may request a pre-trial
				  conference to aid in settling the case or resolving contested issues prior to
				  trial. Requests for such pre-trial conferences shall be directed to the
				  Commissioner or Deputy Commissioner before whom the claim has been
				  calendared.
Authority
					 G.S.
					 97-80(a);
					 97-80(b);
					 97-83;
Eff. January 1,
					 1990;
Amended Eff. February 1, 2016; November 1, 2014; January 1,
					 2011; June 1, 2000; March 15, 1995;
Recodified from
					 04 NCAC
					 10A .0610 Eff. June 1, 2018;
Amended Eff. December 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0611 - HEARINGS BEFORE THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commission may, on its own motion, order a hearing or rehearing of any case in
				  dispute. The Commission shall set a contested case for hearing in a location
				  deemed convenient to witnesses and the Commission.
(b) In setting contested cases for hearing,
				  cases in which the payment of workers' compensation benefits is at issue take
				  precedence.
(c) The Commission
				  shall give notice of hearings in every case. Postponement or continuance of a
				  duly scheduled hearing shall be allowed only in the discretion of a
				  Commissioner or Deputy Commissioner before whom the case is set if required in
				  the interests of justice or to promote judicial economy. When a party has not
				  notified the Commission of the attorney representing the party prior to the
				  mailing of calendars for hearing, notice to that party constitutes notice to
				  the party's attorney.
(d) In a
				  contested case, the record includes all prior Opinion and Awards, filed
				  Commission forms, form agreements, awards, and orders of the Commission. Any
				  other documents that the parties wish to have included in the record shall be
				  introduced and received into evidence.
(e) In the event of inclement weather or
				  natural disaster, hearings set by the Commission shall be cancelled or delayed
				  and rescheduled if the proceedings before the General Court of Justice in that
				  county are cancelled or delayed.
Authority
					 G.S.
					 97-79;
					 97-80(a);
					 97-84;
					 97-91;
Eff. January 1,
					 1990;
Amended Eff. November 1, 2014; June 1, 2000;
Recodified from
					 04 NCAC
					 10A .0611 Eff. June 1, 2018;
Amended Eff. December 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0613 - EXPERT WITNESSES AND FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The parties
				  shall file with the Deputy Commissioner or Commissioner in accordance with Rule
				  .0108 of this Subchapter within 15 days following the hearing, a list
				  identifying all expert witnesses to be deposed and the deposition dates unless
				  otherwise extended by the Commission in the interests of justice and judicial
				  economy.
(b) After the deposition
				  of each expert, the party that noticed the deposition shall, within 10 days
				  after receiving the expert's fee invoice, file with the Deputy Commissioner or
				  Commissioner in accordance with Rule .0108 of this Subchapter a request to
				  approve the costs related to the expert deposition. In these requests, the
				  party shall provide, in a cover letter along with the invoice (if available),
				  the following:
(1) the name of the expert and
				  the expert's practice;
(2) the
				  expert's fax number;
(3) the
				  expert's area of specialty and board certifications, if any;
(4) the length of the deposition;
(5) the length of time the expert spent
				  preparing for the deposition, excluding any time meeting with parties'
				  counsel;
(6) whether the Commission
				  determined that the claim was filed pursuant to
				  G.S.
				  97-29(d) or involved an
				  exceptional, unique, or complex injury or disease;
(7) whether the deponent was selected by the
				  employee in the Pre-Trial Agreement as an expert to be deposed at employer's
				  expense; and
(8) the party
				  initially responsible for payment of the deposition fee pursuant to Rule .0612
				  of this Section.
At the time the request is made, the requesting party shall
					 submit a proposed Order that shows the expert's name, practice name and fax
					 number under the "Appearances" section. The proposed Order shall also reflect
					 the party initially responsible for payment of the deposition fee pursuant to
					 Rule .0612 of this Section.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0615 - CASES REMOVED FROM A HEARING CALENDAR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  claim may be removed from a hearing calendar by motion of the party requesting
				  the hearing or by the Commission upon its own motion in the interests of
				  justice or to promote judicial economy.
(b) Upon settlement of a case or approval of
				  a form agreement, the parties shall submit a request to remove a case from a
				  hearing calendar and a proposed Order.
(c) After a case has been removed from a
				  hearing calendar, the case may be reset on a hearing calendar by Order of the
				  Commission or filing of a Form 33
Request that Claim be Assigned for
				  Hearing
by the party requesting a hearing.
Authority
					 G.S.
					 97-80(a);
					 97-84;
					 97-91;
Eff. January 1,
					 1990;
Amended Eff. November 1, 2014; June 1, 2000;
Recodified from
					 04 NCAC
					 10A .0615 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0616 - DISMISSALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No claim filed
				  under the Workers' Compensation Act shall be dismissed without prejudice,
				  except upon order of the Commission in the interest of justice. No voluntary
				  dismissal shall be granted after the record in a case is closed. Unless
				  otherwise ordered by the Commission in the interests of justice, a plaintiff
				  shall have one year from the date of the Order of Voluntary Dismissal Without
				  Prejudice to refile his claim.
(b)
				  Upon notice and opportunity to be heard, any claim may be dismissed with or
				  without prejudice by the Commission on its own motion or by motion of any party
				  if the Commission finds that the party failed to prosecute or to comply with
				  the rules in this Subchapter or any Order of the Commission.
(c) In a denied claim, if a plaintiff has not
				  requested a hearing within two years of the filing of the Order removing the
				  case from a hearing calendar and has not pursued the claim, upon notice and
				  opportunity to be heard, any claim shall be dismissed with prejudice by the
				  Commission, on its own motion or by motion of any party.
Authority
					 G.S.
					 97-80(a);
					 97-84;
					 97-91;
Eff. June 1,
					 2000;
Amended Eff. November 1, 2014; January 1, 2011;
Recodified from
					 04 NCAC
					 10A .0616 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0617 - ATTORNEYS RETAINED FOR PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  attorney who is retained by a party in a proceeding before the Commission shall
				  comply with the applicable rules of the North Carolina State Bar. A copy of a
				  notice of representation shall be served upon all other counsel and all
				  unrepresented parties, and submitted to the Commission in accordance with Rule
				  .0108 of this Subchapter. Thereafter, all notices required to be served on a
				  party shall be served upon the attorney. No direct contact or communication
				  concerning contested matters may be made with a represented party by the
				  opposing party or any person on his or her behalf, without the attorney's
				  permission except as permitted by
				  G.S.
				  97-32 or other applicable law.
(b) Any attorney who wishes to withdraw from
				  representation in a proceeding before the Commission shall file with the
				  Commission, in writing, a Motion to Withdraw that contains a statement of
				  reasons for the request and that the request has been served on the client. The
				  attorney shall make reasonable efforts to ascertain the last known contact
				  information as defined in Rule .0109 of this Subchapter of the client and shall
				  include this information in the motion. A Motion to Withdraw before an award is
				  made shall state whether the withdrawing attorney requests an attorney's fee
				  from the represented party once an award of compensation is made or
				  approved.
(c) An attorney may
				  withdraw from representation only by written order of the Commission. The
				  issuance of an award of the Commission does not release an attorney as the
				  attorney of record.
(d) An attorney
				  withdrawing from representation whose client wishes to appeal an Order,
				  Decision, or Award to the Full Commission shall timely file a notice of appeal,
				  as set out by this Subchapter, on behalf of his or her client either before or
				  with his or her Motion to Withdraw.
(e) Motions to Withdraw shall be submitted in
				  accordance with Rule .0108 of this Subchapter. The Motion to Withdraw shall
				  include a proposed Order in Microsoft Word format that includes, in the
				  appearances, the last known address of any pro se party or the contact
				  information as defined in Rule .0109 of this Subchapter of new counsel if such
				  counsel has been retained. The proposed Order shall include fax numbers for all
				  parties, if known.
Authority
					 G.S.
					 97-80(a);
					 97-90;
					 97-91;
Eff. January 1,
					 2011;
Amended Eff. February 1, 2016; November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0617 Eff. June 1, 2018;
Amended Eff. January 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0618 - REPEALED - DISQUALIFICATION OF A COMMISSIONER OR DEPUTY COMMISSIONER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 97-79(b);
					 97-80(a);
Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0618 Eff. June 1, 2018;
Repealed Eff. December 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0620 - WRITTEN COMMUNICATIONS WITH THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This
				  Rule shall apply to written communications related to a case before the
				  Commission that are not governed by statute or another rule in this
				  Subchapter.
(b) Written
				  communications sent to the Commission shall be contemporaneously sent by the
				  same method of transmission, where possible, to the opposing party or, if
				  represented, to opposing counsel.
(c) Written communications, whether addressed
				  directly to the Commission or copied to the Commission, shall not be used as an
				  opportunity to introduce new evidence or to argue the merits of the
				  case.
Authority
					 G.S.
					 97-80(a);
Eff.
					 January 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0700 - APPEALS › Section 23A .0702 - REVIEW OF ADMINISTRATIVE DECISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Administrative decisions include orders, decisions, and awards made in a
				  summary manner, without findings of fact, including decisions on the following:
(1) applications to approve agreements to pay
				  compensation and medical bills;
(2)
				  applications to approve the termination or suspension or the reinstatement of
				  compensation;
(3) applications to
				  change the interval of payments; and
(4) applications for lump sum payments of
				  compensation.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0700 - APPEALS › Section 23A .0702A - REPEALED - REMAND FROM THE APPELLATE COURTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 97-80(a);
Eff.
					 August 1, 2006;
Repealed Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0702A Eff. June 1,
					 2018.