North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0100 - ADMINISTRATION › Section 23A .0108 - ELECTRONIC FILINGS WITH THE COMMISSION; HOW TO FILE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  documents filed with the Commission in workers' compensation cases shall be
				  submitted electronically in accordance with this Rule. Any document transmitted
				  to the Commission in a manner not in accordance with this Rule shall not be
				  accepted for filing. Any document filed with the Commission that requires
				  contemporaneous payment of a processing fee pursuant to Rule
				  11 NCAC
				  23E .0203 shall not be deemed filed until the
				  fee has been paid in full. The electronic filing requirements of this Rule
				  shall not apply to employees or non-insured employers without legal
				  representation. Employees and non-insured employers without legal
				  representation may file all documents with the Commission via the Commission's
				  Electronic Document Filing Portal ("EDFP") or by sending the documents to the
				  Clerk of the Industrial Commission via electronic mail (dockets@ic.nc.gov),
				  facsimile, U.S. Mail, private courier service, or hand delivery.
(b) Except as set forth in Paragraphs (d) and
				  (e) of this Rule, all documents required to be submitted electronically to the
				  Commission shall be filed via EDFP. Information regarding how to use EDFP is
				  available at
http://www.ic.nc.gov/training.html
.
				  In the event EDFP is inoperable, all documents required to be filed via EDFP
				  shall be transmitted to the Commission via electronic mail to edfp@ic.nc.gov.
				  Documents required to be filed via EDFP that are sent to the Commission via
				  electronic mail when EDFP is operable shall not be accepted for
				  filing.
(c) Transcripts of
				  depositions shall be filed with the Commission pursuant to this Rule by the
				  court reporting service. Transcripts filed with the Commission shall have only
				  one page of text per page and shall include all exhibits. The parties shall
				  provide the Commission's court reporting service with the information necessary
				  to effectuate filing of the deposition transcripts and attached exhibits via
				  EDFP. If an exhibit to a deposition is in a form that makes submission of an
				  electronic copy impracticable, counsel for the party offering the exhibit shall
				  make arrangements with the Commission to facilitate the submission of the
				  exhibit. Condensed transcripts and paper copies of deposition transcripts shall
				  not be accepted for filing.
(d) A
				  Form 19 shall be filed as the first report of injury (FROI) via electronic data
				  interchange (EDI), except in claims involving non-insured employers, in claims
				  for lung disease, in claims with multiple employers or multiple carriers, or in
				  claims with six-character IC file numbers, in which case the Form 19 shall be
				  filed electronically via EDFP or as otherwise permitted pursuant to Paragraph
				  (a) of this Rule. Information regarding how to register for and use EDI is
				  available at www.ncicedi.info.
(e)
				  Documents to be filed with the Criminal Investigations & Employee
				  Classification Division regarding fraud complaints shall be submitted
				  electronically to fraudcomplaints@ic.nc.gov. Documents to be filed with the
				  Criminal Investigations & Employee Classification Division regarding
				  employee misclassification shall be submitted electronically to
				  emp.classification@ic.nc.gov. Safety rules to be filed with the Commission
				  under 11
				  NCAC 23A .0411 shall be submitted
				  electronically to safety@ic.nc.gov.
(f) A self-insured employer, carrier or
				  guaranty association, third-party administrator, court reporting service,
				  medical provider, or law firm may apply to the Commission for an emergency
				  temporary waiver of the electronic filing requirement set forth in Paragraph
				  (a) of this Rule when it is unable to comply because of temporary technical
				  problems or lack of electronic mail or internet access. The request for an
				  emergency temporary waiver shall be included with any filing submitted via
				  facsimile, U.S. Mail, or hand delivery due to such temporary technical or
				  access issues.
(g) A Notice of
				  Appeal to the North Carolina Court of Appeals shall be accepted for filing by
				  the Commission via EDFP, U.S. Mail, hand delivery, or any other means allowed
				  by the Rules of Appellate Procedure or applicable statutes governing appeals
				  from the General Courts of Justice. Notwithstanding the foregoing, employees
				  and non-insured employers without legal representation may file all documents
				  with the Commission as provided in Paragraph (a) of this Rule.
Authority
					 G.S.
					 97-80;
					 97-81;
					 97-86;
Eff. February
					 1, 2016;
Amended Eff. February 1, 2017;
Recodified from
					 04 NCAC
					 10A .0108 Eff. June 1, 2018;
Amended Eff. March 1, 2021; December 1, 2018.