North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0900 - REPORT OF EARNINGS › Section 23A .0903 - EMPLOYEE'S OBLIGATION TO REPORT EARNINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  self-insured employer, carrier, or third-party administrator may require the
				  employee who has filed a claim and is receiving wage loss benefits under
				  G.S.
				  97-29 or
				  G.S.
				  97-30 to complete a Form 90 Report of
				  Earnings when reasonably necessary but not more than once every six
				  months.
(b) The Form 90 Report of
				  Earnings shall be sent to the employee by certified mail, return receipt
				  requested, and shall include a self-addressed stamped envelope for the return
				  of the form. When the employee is represented by an attorney, the Form 90
				  Report of Earnings shall be sent only to the attorney for the employee and
				  shall be sent by any method of transmission that provides proof of receipt,
				  including electronic mail, facsimile, or certified mail, return receipt
				  requested.
(c) The employee shall
				  complete and return the Form 90 Report of Earnings within 15 days after receipt
				  of a Form 90 Report of Earnings. If the employee fails to complete and return
				  the Form 90 Report of Earnings within 30 days of receipt of the form, the
				  self-insured employer, carrier, or third-party administrator may seek to
				  suspend compensation being paid pursuant to
				  G.S.
				  97-29 by filing a Form 24 Application to
				  Terminate or Suspend Payment of Compensation, as allowed by
				  G.S.
				  97-18.1 and Rule .0404 of this
				  Subchapter.
(d) If compensation is
				  suspended pursuant to Paragraph (c) of this Rule and the employee subsequently
				  completes and returns the Form 90 Report of Earnings, the self-insured
				  employer, carrier, or third-party administrator shall reinstate payment of
				  compensation to the employee with back payment. However, if the Form 90 Report
				  of Earnings does not indicate continuing eligibility for disability
				  compensation, the self-insured employer, carrier, or third-party administrator
				  is not required to reinstate payment of compensation. If the Form 90 Report of
				  Earnings indicates continuing eligibility for temporary partial disability
				  compensation, the self-insured employer, carrier, or third-party administrator
				  shall make payment of compensation pursuant to
				  G.S.
				  97-30 with back payment within 14 days of
				  receipt of documentation establishing the amount of compensation due. If
				  payment of compensation is not reinstated following submission of the completed
				  Form 90 Report of Earnings and the employee claims entitlement to ongoing
				  disability compensation, the employee may seek reinstatement by filing a Form
				  23 Application to Reinstate Payment of Disability Compensation or Form 33
				  Request that Claim be Assigned for Hearing.
Authority
					 G.S.
					 97-80(a);
Eff.
					 June 1, 2000;
Amended Eff. November 1, 2014; August 1,
					 2006;
Recodified from
					 04 NCAC
					 10A .0903 Eff. June 1, 2018;
Amended Eff. December 1, 2020.