reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0700 - APPEALS › Section 23A .0703 - APPEAL TO THE COURT OF APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The time to
				  file a notice of appeal, and bonds therefrom, including in forma pauperis
				  affidavits, to the North Carolina Court of Appeals from the Full Commission is
				  governed by the provisions of
				  G.S.
				  97-86.
(b) A motion to reconsider or to amend an
				  award of the Full Commission shall be filed within 15 days of receipt of notice
				  of the award. An award of the Full Commission is not final until the
				  disposition is filed by the Commission on the pending motion to reconsider or
				  to amend an award.
Authority
					 G.S.
					 97-80(a);
					 97-86;
Eff. March 15,
					 1995;
Amended Eff. November 1, 2014; January 1, 2011; June 1,
					 2000;
Recodified from
					 04 NCAC
					 10A .0703 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0700 - APPEALS › Section 23A .0704 - REMAND FROM THE APPELLATE COURTS

Current through Register Vol. 39, No. 2, July 15, 2024
When a case is remanded to the Commission from the
					 appellate courts, each party may file a statement, with or without a brief, to
					 the Full Commission setting forth its position on the actions or proceedings,
					 including evidentiary hearings or depositions, required to comply with the
					 court's decision. This statement shall be filed within 30 days of the issuance
					 of the court's mandate and shall be filed with the Commissioner who authored
					 the Full Commission decision or the Commissioner designated by the Chairman of
					 the Commission if the Commissioner who authored the decision is no longer a
					 member of the Industrial Commission. The deadline to submit the statement to
					 the Commission shall be stayed automatically upon a party filing a petition for
					 discretionary review or rehearing to the appellate courts. The stay shall be
					 automatically lifted if the petition for discretionary review or rehearing is
					 denied by the appellate courts.
Authority
					 G.S.
					 97-80(a);
					 97-86;
Eff. November
					 1, 2014;
Recodified from
					 04 NCAC
					 10A .0704 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0800 - RULES OF THE COMMISSION › Section 23A .0801 - WAIVER OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
In the interests of justice or to promote judicial economy,
					 the Commission may, except as otherwise provided by the rules in this
					 Subchapter, waive or vary the requirements or provisions of any of the rules in
					 this Subchapter in a case pending before the Commission upon request of a party
					 or upon its own initiative only if the employee is not represented by counsel.
					 Notwithstanding oral requests made during a hearing before the Commission, all
					 requests shall be submitted in writing and served upon all opposing parties
					 contemporaneously. By order of the Commission, oral requests shall be submitted
					 in writing within five days of the request. Responses to requests considered
					 pursuant to this Rule may be submitted in accordance with Rule .0609 of this
					 Subchapter within five days of service of the original request. Citation to
					 this Rule or use of the term "waiver" is not required for requests considered
					 pursuant to this Rule. Factors the Commission shall use in determining whether
					 to grant the waiver are:
(1) the
				  necessity of a waiver;
(2) the
				  party's responsibility for the conditions creating the need for a
				  waiver;
(3) the party's prior
				  requests for a waiver;
(4) the
				  precedential value of such a waiver;
(5) notice to and opposition by the opposing
				  parties; and
(6) the harm to the
				  party if the waiver is not granted.
Authority
					 G.S.
					 97-80(a);
Eff.
					 January 1, 1990;
Amended Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0801 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 .0800 - RULES OF THE COMMISSION › Section 23A .0802 - REPEALED - SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 1A-1, Rule 37; 97-18; 97-80(a);
					 97-88.1;
Eff. January 1, 1990;
Amended Eff. June 1,
					 2000;
Repealed Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0802 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0800 - RULES OF THE COMMISSION › Section 23A .0803 - REPEALED - RULEMAKING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 97-80(a);
Eff.
					 January 1, 1990;
Repealed Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0803 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0900 - REPORT OF EARNINGS › Section 23A .0901 - CHECK ENDORSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
If a self-insured employer, carrier or third party
					 administrator places "check endorsement" language on the back of an employee's
					 check, the following language (or language approved by the Commission as
					 equivalent) shall be used:
By endorsing this check, I certify that I have not worked
					 for or earned wages from any business or individual during the period covered
					 by this check, or that I have reported any earnings to the employer or carrier
					 paying me workers' compensation benefits. I understand that making a false
					 statement by endorsing this benefit check may result in civil and criminal
					 penalties.
Authority
					 G.S.
					 97-80(a);
					 97-88.2;
Eff. June 1,
					 2000;
Amended Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0901 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0900 - REPORT OF EARNINGS › Section 23A .0902 - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
A self-insured employer, carrier or third party
					 administrator shall not use check endorsement language on the back of an
					 employee's workers' compensation benefit check unless the employee has been
					 provided the following Notice sent by certified mail return receipt
					 requested:
NOTICE TO EMPLOYEE RECEIVING WORKERS' COMPENSATION
					 BENEFITS
This NOTICE is intended to advise you of important
					 information you must know if you are receiving workers' compensation
					 benefits.
Please TAKE NOTICE of the following:
(a) When you are receiving weekly workers'
				  compensation benefits, you must report any earnings you receive to the
				  insurance company (or employer if the employer is self-insured) that is paying
				  you the benefits. "Earnings" include any cash, wages or salary received from
				  self-employment or from any employment other than the employment where you were
				  injured. Earnings also include commissions, bonuses, and the cash value for all
				  payments received in any form other than cash (e.g., a building custodian
				  receiving a rent-free apartment). Incentives, commissions, bonuses, or other
				  compensation earned before disability but received during the time you are also
				  receiving workers' compensation benefits do not constitute earnings that must
				  be reported.
(b) You must report
				  any work in any business, even if the business lost money or if profits or
				  income were reinvested or paid to others.
(c) Your endorsement on a benefit check or
				  deposit of the check into an account is your certification that you have not
				  worked for or earned wages from any business or individual during the period
				  covered by the check, or that you have reported any earnings to the employer or
				  carrier paying you workers' compensation benefits and that you are entitled to
				  receive workers' compensation benefits. Your signature on a benefit check is
				  further certification that you have made no material false statement or
				  concealed any material fact regarding your right to receive the benefit
				  check.
(d) Making false statements
				  for the purpose of obtaining workers' compensation benefits may result in civil
				  and criminal penalties.
Authority
					 G.S.
					 97-80(a);
					 97-88.2;
Eff. June 1,
					 2000;
Amended Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0902 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .1000 - PREAUTHORIZATION FOR MEDICAL TREATMENT › Section 23A .1001 - PREAUTHORIZATION FOR SURGERY AND INPATIENT TREATMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An insurer that requires preauthorization
				  must establish a preauthorization review policy that describes the process for
				  requesting preauthorization review. The policy must be publicly available on
				  the insurer's website.
(b) As used
				  in this Section:
(1) "insurer" means an
				  insurance carrier, self-insured administrator, managed care organization,
				  employer, or any other entity that conducts preauthorization review;
(2) "preauthorization" means the
				  determination by an insurer that proposed surgical or inpatient treatment is
				  medically necessary; and
(3)
				  "preauthorization review" means a prospective review process conducted by an
				  insurer to determine whether a proposed surgical or inpatient treatment is
				  medically necessary.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0100 - ADMINISTRATION › Section 23B .0101 - LOCATION OF MAIN OFFICE AND HOURS OF BUSINESS

Current through Register Vol. 39, No. 2, July 15, 2024
The main office of the North Carolina Industrial Commission
					 is located in the Dobbs Building, 430 North Salisbury Street, Raleigh, North
					 Carolina. Documents that are not being filed electronically may be filed at the
					 main office between the hours of 8:00 a.m. and 5:00 p.m. only. Documents
					 permitted to be filed electronically may be so filed until 11:59 p.m. on the
					 required filing date.
Authority
					 G.S.
					 143-291;
					 143-300;
Eff. January
					 1, 1989;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0101 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0100 - ADMINISTRATION › Section 23B .0102 - OFFICIAL FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Copies of the
				  Commission's rules and forms regarding tort claims may be obtained by
				  contacting the Commission in person at the address in Rule .0101 of this
				  Section; by written request mailed to 1236 Mail Service Center, Raleigh, NC
				  27699-1236, Attn.: Office of the Clerk; or from the Commission's website at
http://www.ic.nc.gov/abtrules.html
and
http://www.ic.nc.gov/forms.html
.
(b) The use of any printed forms other than
				  those provided by the Commission is prohibited, except that parties may
				  reproduce current Commission forms for their own use, provided:
(1) no statement, question, or information
				  blank contained on the Commission form is omitted from the substituted form;
				  and
(2) the substituted form is
				  identical in size and format to the Commission form.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0100 - ADMINISTRATION › Section 23B .0103 - FILING FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No tort claim
				  shall be accepted for filing with the Commission unless the claim is
				  accompanied by an attorney's check, certified check, money order, or electronic
				  transfer of funds in payment of a filing fee in an amount equal to the filing
				  fee required for the filing of a civil action in the Superior Court division of
				  the General Court of Justice.
(b)
				  The provisions of Paragraph (a) of this Rule notwithstanding, a tort claim that
				  is accompanied by a Petition to Sue as an Indigent shall be accepted for filing
				  upon the date of its receipt.
(c) A
				  Petition to Sue as an Indigent shall consist of an affidavit sufficient to
				  satisfy the provisions of
				  G.S.
				  1-110, stating that plaintiff is unable to
				  comply with Paragraph (a) of this Rule.
(d) If the Commission determines the
				  plaintiff is able to pay the fee assessed under this Rule, an Order shall be
				  issued directing payment of that fee, and the plaintiff shall, within 30 days
				  from receipt of the Order, forward to the Commission an attorney's check,
				  certified check, money order, or electronic transfer of funds for the full
				  amount required to be paid. Failure to submit the required amount of the filing
				  fee within this time shall result in the tort claim being dismissed without
				  prejudice.
(e) Upon consideration
				  of a prison inmate's Petition to Sue as an Indigent, the Commission shall
				  determine whether the inmate's tort claim is frivolous and whether to dismiss
				  the claim, pursuant to
				  G.S.
				  1-110. Appeals from the dismissal of a
				  frivolous tort claim pursuant to
				  G.S.
				  1-110 shall proceed directly to the Full
				  Commission and shall be decided without oral argument.
Authority
					 G.S.
					 143-291.2;
					 143-300;
Eff. January
					 1, 1989;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0103 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0100 - ADMINISTRATION › Section 23B .0104 - ELECTRONIC FILINGS WITH THE COMMISSION; HOW TO FILE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  filings to the Commission in tort claims 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.
				  Plaintiffs without legal representation may file all documents with the Office
				  of the Clerk of 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) 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) Any party may apply to
				  the Commission for an emergency temporary waiver of the electronic filing
				  requirement set forth in Paragraph (a) of this Rule if 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.
(d) 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, plaintiffs without legal representation
				  may file all documents with the Commission as provided in Paragraph (a) of this
				  Rule.
Authority
					 G.S.
					 143-291;
					 143-293;
					 143-297;
					 143-300;
Eff. May 1,
					 2000;
Amended Eff. July 1, 2014;
Recodified from
					 04 NCAC
					 10B .0104 Eff. June 1, 2018;
Amended Eff. March 1, 2021; March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0100 - ADMINISTRATION › Section 23B .0105 - 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 persons or entities without legal
				  representation who have matters pending before the Commission shall inform the
				  Commission of any change in contact information by filing a written notice via
				  the Commission's Electronic Document Filing Portal ("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.
(c) A plaintiff without legal representation
				  who was an inmate in the North Carolina Division of Adult Corrections at the
				  time of filing his or her tort claim, shall, within 30 days of release, provide
				  the Commission with written notice of his or her post-release contact
				  information in any manner authorized in Paragraph (b) of this Rule. Following
				  the initial written notice of post-release contact information, the previously
				  incarcerated plaintiff shall continue to inform the Commission of all changes
				  in contact information in accordance with Paragraph (b) of this Rule.
(d) All attorneys of record with matters
				  before the Commission shall provide and maintain current contact information
				  for the Commission's records via EDFP.
(e) Instructions on how to provide and update
				  contact information via EDFP are available at
https://www.ic.nc.gov/docfiling.html
.
Authority
					 G.S.
					 143-291;
					 143-300;
Eff. March
					 1, 2019;
Amended Eff. March 1,
					 2021.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0100 - ADMINISTRATION › Section 23B .0106 - NOTICE BY THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  service is provided by electronic mail, "receipt of such notice" pursuant to
				  G.S.
				  143-292 and "receipt of the decision and
				  order" of the Full Commission pursuant to
				  G.S.
				  143-293 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 B - TORT CLAIMS RULES › Section .0200 - CLAIMS PROCEDURES › Section 23B .0201 - REPEALED - RULES OF CIVIL PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-300;
Eff. January 1,
					 1989;
Amended Eff. January 1, 2011; May 1, 2000;
Repealed Eff. July 1, 2014;
Recodified from
					 04 NCAC
					 10B .0201 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0200 - CLAIMS PROCEDURES › Section 23B .0202 - MEDICAL MALPRACTICE CLAIMS BY UNREPRESENTED PRISON INMATES

Current through Register Vol. 39, No. 2, July 15, 2024
In any tort claim filed by an unrepresented prison inmate
					 in which the Commission determines that the plaintiff is alleging that a health
					 care provider, as defined in
					 G.S.
					 90-21.11, failed to comply with the
					 applicable standard of care set forth in
					 G.S.
					 90-21.12, or the defendant has moved to
					 dismiss the claim for failure to comply with Rule 9(j) of the North Rules of
					 Civil Procedure, all discovery shall be stayed until a recorded non-evidentiary
					 hearing before the Commission is held for the purpose of determining whether a
					 claim for medical malpractice has been stated and, if so, whether:
(1) the plaintiff must meet the requirements
				  of Rule 9(j)(1) or (2) of the North Carolina Rules of Civil Procedure to
				  proceed with the claim; or
(2) the
				  plaintiff has alleged facts establishing negligence under the existing
				  common-law doctrine of res ipsa loquitur.
If the Commission determines that a claim for medical
					 malpractice has been stated and plaintiff must meet the requirements of Rule
					 9(j)(1) or (2) of the North Carolina Rules of Civil Procedure, the defendant
					 shall produce medical records to the plaintiff within the time period ordered
					 by the Commission. The plaintiff shall have one hundred and twenty (120) days
					 following receipt of the medical records to comply with Rule 9(j) of the North
					 Carolina Rules of Civil Procedure.
Authority
					 G.S.
					 143-300;
Eff. January 1,
					 1989;
Recodified from
					 04 NCAC
					 10B .0206 Eff. April 17, 2000;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0202 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0200 - CLAIMS PROCEDURES › Section 23B .0203 - INFANTS AND INCOMPETENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Persons seeking to appear on behalf of an infant or incompetent in accordance
				  with G.S.
				  1A-1, Rule 17 shall apply on a Form T-42
				  Application for Appointment of Guardian ad Litem. The Commission shall appoint
				  a guardian ad litem if it is in the best interest of the minor or incompetent.
				  The Commission shall appoint the guardian ad litem only after due inquiry as to
				  the fitness of the person to be appointed.
(b) The Commission may assess a fee to be
				  paid to an attorney who serves as a guardian ad litem for actual services
				  rendered upon receipt of an affidavit of actual time spent in representation of
				  the minor or incompetent as part of the costs assessed pursuant to
				  G.S.
				  143-291.2(a) or Rule
				  17(b)(2) of the North Carolina Rules of Civil Procedure.
Authority
					 G.S.
					 143-291;
					 143-295;
					 143-300;
Eff. January
					 1, 1989;
Recodified from
					 04 NCAC
					 10B .0307 Eff. April 17, 2000;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0203 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0200 - CLAIMS PROCEDURES › Section 23B .0205 - MEDIATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any party
				  participating in mediation shall be bound by the Rules for Mediated Settlement
				  and Neutral Evaluation Conferences of the Commission, found in
				  11 NCAC
				  23G, except to the extent these Rules
				  conflict with the Tort Claims Act or the other rules in this Subchapter, in
				  which case the Tort Claims Act and the other rules in this Subchapter shall
				  apply.
(b) An employee or agent of
				  the named governmental entity or agency shall either physically attend or be
				  available via telecommunication. Mediation shall not be delayed due to the
				  absence or unavailability of the employee or agent of the named governmental
				  entity or agency.
Authority
					 G.S.
					 143-295;
					 143-296;
					 143-300;
Eff. January
					 1, 1989;
Amended Eff. July 1, 2014; January 1, 2011; May 1,
					 2000;
Recodified from
					 04 NCAC
					 10B .0205 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0200 - CLAIMS PROCEDURES › Section 23B .0206 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				  may, on its own motion, order a hearing, rehearing, or pre-trial conference of
				  any tort claim in dispute. The Commission shall set the date, time, and
				  location of the hearing, and provide notice of the hearing to the parties. Any
				  pre-trial conference, as well as hearings of claims in which the plaintiff is
				  incarcerated at the time of the hearing, may be conducted via videoconference
				  or telephone conference in lieu of an in-person hearing. Where 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. Any scheduled hearings shall proceed to completion unless
				  recessed, continued, or removed by Order of the Commission, and shall not be
				  limited by the business hours of the Commission as set forth in Rule .0101 of
				  this Subchapter.
(b) When an
				  attorney is notified to appear for a pre-trial conference, motion hearing,
				  hearing, or any other appearance the attorney shall, consistent with the North
				  Carolina Rules of Professional Conduct, appear or have a partner, associate, or
				  other attorney appear. Counsel for each party or any party without legal
				  representation shall remain in the hearing room throughout the course of the
				  hearing, unless excused by the Commission.
(c) A motion for a continuance shall be
				  allowed by the Commissioner or Deputy Commissioner before whom the case is set
				  in the interests of justice or to promote judicial economy.
(d) In cases involving property damage of
				  less than five hundred dollars ($500.00), the Commission may, upon its own
				  motion or upon the motion of either party, order a videoconference or telephone
				  conference hearing on the matter.
(e) Unless otherwise ordered by the
				  Commission, in the event of inclement weather or natural disaster, hearings set
				  by the Commission shall be cancelled or delayed and rescheduled when the
				  proceedings before the General Courts of Justice in that county are cancelled
				  or delayed.
(f) Unless otherwise
				  ordered or waived by the Commission, applications for issuance of a writ of
				  habeas corpus ad testificandum requesting the appearance of witnesses
				  incarcerated by the North Carolina Division of Adult Corrections, shall be
				  filed with the Commission with a copy to the opposing party or counsel, for
				  review by the Commission in accordance with
				  G.S.
				  143-296.
Authority
					 G.S.
					 143-296;
					 143-300;
Eff. January
					 1, 1989;
Recodified from
					 04 NCAC
					 10B .0202 Eff. April 17, 2000;
Amended Eff. July 1, 2014; January 1, 2011; May 1, 2000;
Recodified
					 from 04
					 NCAC 10B .0206 Eff. June 1, 2018;
Amended Eff. March 21, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0200 - CLAIMS PROCEDURES › Section 23B .0207 - REPEALED - HEARINGS OF CLAIMS BY PRISON INMATES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 97-101.1;
					 143-296;
					 143-300;
Eff. January
					 1, 1989;
Recodified from
					 04 NCAC
					 10B .0204 Eff. April 17, 2000;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0207 Eff. June 1, 2018;
Repealed Eff. March 21, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0200 - CLAIMS PROCEDURES › Section 23B .0208 - HEARING COSTS

Current through Register Vol. 39, No. 2, July 15, 2024
Costs assessed pursuant to Rule
					 11 NCAC
					 23E .0202 in tort claims shall be due upon
					 receipt of a bill or statement from the Commission.
Authority
					 G.S.
					 7A-305;
					 143-291.1;
					 143-291.2;
					 143-300;
Eff. July 1,
					 2014;
Recodified from
					 04 NCAC
					 10B .0208 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0300 - APPEALS TO FULL COMMISSION › Section 23B .0301 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section are the applicable Rules for
					 appeals of cases brought pursuant to Article 31 of Chapter 143 of the General
					 Statutes to the Full Commission.
Authority
					 G.S.
					 143-292;
					 143-300;
Eff. January
					 1, 1989;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0301 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0300 - APPEALS TO FULL COMMISSION › Section 23B .0303 - REPEALED - PROPOSED ISSUES ON APPEAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-292;
					 143-300; 362 N.C. 191
					 (2008);
Eff. January 1, 1989;
Amended Eff. July 1,
					 2014; January 1, 2011; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0303 Eff. June 1, 2018;
Repealed Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0300 - APPEALS TO FULL COMMISSION › Section 23B .0304 - REPEALED - DISMISSALS OF APPEALS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-300;
Eff. January 1,
					 1989;
Recodified from
					 04 NCAC
					 10B .0305 Eff. April 17, 2000;
Amended Eff. May 1, 2000;
Repealed Eff. July 1, 2014;
Recodified from
					 04 NCAC
					 10B .0304 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0300 - APPEALS TO FULL COMMISSION › Section 23B .0305 - REPEALED - BRIEFS TO THE FULL COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-296;
					 143-300;
Eff. January
					 1, 1989;
Recodified from
					 04 NCAC
					 10B .0306 Eff. April 17, 2000;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0305 Eff. June 1, 2018;
Repealed Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0300 - APPEALS TO FULL COMMISSION › Section 23B .0306 - REPEALED - MOTION FOR NEW HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-292;
					 143-296;
					 143-300;
Eff. January
					 1, 1989;
Recodified from
					 04 NCAC
					 10B .0310 Eff. April 17, 2000;
Amended Eff. May 1, 2000;
Repealed Eff. July 1, 2014;
Recodified from
					 04 NCAC
					 10B .0306 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0300 - APPEALS TO FULL COMMISSION › Section 23B .0307 - MOTIONS BEFORE THE FULL COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) After
				  notice of appeal has been given to the Full Commission, all motions related to
				  the claim before the Full Commission shall be in writing and filed with the
				  Full Commission with a statement confirming that copies have been provided to
				  the other parties. A Motion for a New Hearing shall be supported by an
				  Affidavit.
(b) Motions related to
				  the issues on appeal, including motions for new trial, to amend the record, or
				  to take additional evidence, filed during the pendency of an appeal to the Full
				  Commission shall be argued before the Full Commission at the time of the
				  hearing of the appeal.
Authority
					 G.S.
					 143-296;
					 143-300;
Eff. January
					 1, 1989;
Recodified from
					 04 NCAC
					 10B .0308 effective April 17,
					 2000;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0307 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0300 - APPEALS TO FULL COMMISSION › Section 23B .0308 - STAYS

Current through Register Vol. 39, No. 2, July 15, 2024
If a case is appealed to the Full Commission, all Orders or
					 Decision and Orders of a Deputy Commissioner shall be stayed pending
					 appeal.
Authority
					 G.S.
					 143-292;
					 143-296;
					 143-300;
Eff. May 1,
					 2000;
Amended Eff. July 1, 2014;
Recodified from
					 04 NCAC
					 10B .0308 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0300 - APPEALS TO FULL COMMISSION › Section 23B .0309 - REPEALED - NEW EVIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-300;
Eff. January 1,
					 1989;
Amended Eff. May 1, 2000;
Repealed Eff. July 1,
					 2014;
Recodified from
					 04 NCAC
					 10B .0309 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0300 - APPEALS TO FULL COMMISSION › Section 23B .0310 - ORAL ARGUMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A party may
				  waive oral argument at any time with approval of the Commission. Upon the
				  request of a party or on its own initiative, the Commission may review the case
				  and file an Order or Decision and Order without oral argument.
(b) When presenting oral argument, each
				  appellant shall have 20 minutes to present oral argument and may reserve any
				  amount of the 20-minute total allotment for rebuttal, unless otherwise
				  specified by Order of the Commission. Each appellee shall also have 20 minutes
				  to present oral argument, unless otherwise specified by Order of the
				  Commission; however, the appellees shall not reserve rebuttal time. In
				  cross-appeals, each appealing party may reserve rebuttal time.
(c) A party may request additional time to
				  present oral argument in excess of the standard 20-minute allowance. Such
				  requests shall be made in writing and submitted to the Full Commission no less
				  than 10 days prior to the scheduled hearing date. The written request for
				  additional time shall state with specificity the reasons for the request of
				  additional time and the amount of additional time requested.
(d) If a party fails to appear before the
				  Full Commission upon the call of the case, the Commission may, upon
				  consideration of the interests of justice and judicial economy, disallow the
				  party's right to present oral argument. If neither party appears upon the call
				  of the case, the Full Commission may, upon consideration of the interests of
				  justice and judicial economy, decide the case upon the record and briefs on
				  appeal, unless otherwise ordered.
(e) Oral arguments shall be based upon the
				  record in the matter, pursuant to
				  G.S.
				  143-292.
Authority
					 G.S.
					 143-292;
					 143-296;
					 143-300;
Eff. January
					 1, 1989;
Recodified from
					 04 NCAC
					 10B .0311 Eff. April 17, 2000;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0310 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0400 - APPEALS TO THE COURT OF APPEALS › Section 23B .0401 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section are the applicable Rules for
					 appeals to the Court of Appeals pursuant to Article 31 of Chapter 143 of the
					 General Statutes.
Authority
					 G.S.
					 143-293;
					 143-300;
Eff. January
					 1, 1989;
Amended Eff. July 1, 2014;
Recodified from
					 04 NCAC
					 10B .0401 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0400 - APPEALS TO THE COURT OF APPEALS › Section 23B .0402 - STAYS

Current through Register Vol. 39, No. 2, July 15, 2024
If a case is appealed to the Court of Appeals, all Orders
					 or Decision and Orders of the Full Commission shall be stayed pending
					 appeal.
Authority
					 G.S.
					 143-292;
					 143-294;
					 143-296;
					 143-300;
Eff. January
					 1, 1989;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0402 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0400 - APPEALS TO THE COURT OF APPEALS › Section 23B .0403 - MOTIONS FOR COURT OF APPEALS CASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to
				  the docketing of the record on appeal in the Court of Appeals, all motions
				  filed by the parties regarding an appeal to the Court of Appeals shall be
				  addressed to and ruled upon by the Chair of the Commission, or the Chair's
				  designee.
(b) A motion to
				  reconsider or to amend an award of the Full Commission shall be filed within 15
				  days of receipt of notice of the award. An award of the Full Commission is not
				  final until the disposition is filed by the Commission on the pending motion to
				  reconsider or to amend an award.
Authority
					 G.S.
					 143-293;
					 143-300;
Eff. January
					 1, 1989;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0403 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0400 - APPEALS TO THE COURT OF APPEALS › Section 23B .0404 - REMAND FROM APPELLATE COURTS

Current through Register Vol. 39, No. 2, July 15, 2024
When a case is remanded to the Commission from the
					 appellate courts, each party may file a statement, with or without a brief to
					 the Full Commission, setting forth its position on the actions or proceedings,
					 including evidentiary hearings or depositions, required to comply with the
					 court's decision. This statement shall be filed within 30 days of the issuance
					 of the court's mandate and shall be filed with the Commissioner who authored
					 the Full Commission decision or the Commissioner designated by the Chairman of
					 the Commission if the Commissioner who authored the decision is no longer a
					 member of the Commission.
Authority
					 G.S.
					 143-292;
					 143-296;
					 143-300;
Eff. January
					 1, 1989;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0404 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0500 - RULES OF THE COMMISSION › Section 23B .0501 - WAIVER OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
In the interests of justice or to promote judicial economy,
					 the Commission may, except as otherwise provided by the rules in this
					 Subchapter, waive or vary the requirements or provisions of any of the rules in
					 this Subchapter in a case pending before the Commission upon request of a party
					 or upon its own initiative only if the plaintiff is not represented by counsel.
					 Factors the Commission shall use in determining whether to grant the waiver
					 are:
(1) the necessity of a
				  waiver;
(2) the party's
				  responsibility for the conditions creating the need for a waiver;
(3) the party's prior requests for a
				  waiver;
(4) the precedential value
				  of such a waiver;
(5) notice to and
				  opposition by the opposing parties; and
(6) the harm to the party if the waiver is
				  not granted.
Authority
					 G.S.
					 143-291;
					 143-300;
Eff. January
					 1, 1989;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0501 Eff. June 1, 2018;
Amended Eff. March 1, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0500 - RULES OF THE COMMISSION › Section 23B .0502 - REPEALED - RULEMAKING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-300;
Eff. January 1,
					 1989;
Repealed Eff. July 1, 2014;
Recodified from
					 04 NCAC
					 10B .0502 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0500 - RULES OF THE COMMISSION › Section 23B .0503 - SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission may, on its own initiative or motion of a
					 party, impose a sanction against a party, or attorney, or both, when the
					 Commission determines that such party, or attorney, or both failed to comply
					 with the Rules in this Subchapter, an Order of the Commission, the North
					 Carolina Rules of Civil Procedure, and North Carolina Rules of Professional
					 Conduct, or other applicable law.
Authority
					 G.S.
					 1A-1, Rule 11 and Rule 37; 143-291; 143-296;
					 143-300;
Eff. January 1, 2011;
Amended Eff. July 1,
					 2014;
Recodified from
					 04 NCAC
					 10B .0503 Eff. June 1, 2018;
Amended Eff. March 21, 2019.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter C - NORTH CAROLINA INDUSTRIAL COMMISSION RULES FOR UTILIZATION OF REHABILITATION PROFESSIONALS IN WORKERS' COMPENSATION CLAIMS › Section .0100 - ADMINISTRATION › Section 23C .0101 - APPLICABILTY OF THE RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules
				  in this Subchapter apply to:
(1) cases in
				  which the employer is obligated to provide medical compensation, and the
				  injured worker is obligated to accept medical compensation under the Workers'
				  Compensation Act, or in which such compensation is provided by agreement, and
				  during any period when the employer is paying temporary total disability
				  benefits without prejudice in accordance with
				  G.S.
				  97-18(d); and
(2) any rehabilitation professional as
				  defined in Item (1) of Rule .0103 of this Subchapter, who is assigned under the
				  Workers' Compensation Act and approved by the Commission pursuant to Rule .0105
				  of this Subchapter.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter C - NORTH CAROLINA INDUSTRIAL COMMISSION RULES FOR UTILIZATION OF REHABILITATION PROFESSIONALS IN WORKERS' COMPENSATION CLAIMS › Section .0100 - ADMINISTRATION › Section 23C .0102 - REPEALED - PURPOSE OF THE RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 97-25.4;
Eff. January 1,
					 1996;
Repealed Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10C .0102 Eff. June 1,
					 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter C - NORTH CAROLINA INDUSTRIAL COMMISSION RULES FOR UTILIZATION OF REHABILITATION PROFESSIONALS IN WORKERS' COMPENSATION CLAIMS › Section .0100 - ADMINISTRATION › Section 23C .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Subchapter:
(1) "Rehabilitation professional" means a
				  medical case manager, a coordinator of medical rehabilitation services, or a
				  vocational rehabilitation professional providing vocational rehabilitation
				  services, including state, private, or carrier based, whether on site,
				  telephonic, or in or out of state. Physical therapists, occupational
				  therapists, speech therapists, and other direct care providers are not
				  rehabilitation professionals under the Rules in this Subchapter.
(2) "Medical rehabilitation" means the
				  planning and coordination of health care services by a medical case manager or
				  coordinator, with the goal of assisting an injured worker to be restored as
				  nearly as possible to the worker's pre-injury level of physical function.
				  Medical case management includes:
(a) case
				  assessment;
(b) development,
				  implementation and coordination of a care plan with health care providers, the
				  worker, and his or her family;
(c)
				  evaluation of treatment results;
(d) planning for community re-entry and
				  return to work; and
(e) referral
				  for further vocational rehabilitation services.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter C - NORTH CAROLINA INDUSTRIAL COMMISSION RULES FOR UTILIZATION OF REHABILITATION PROFESSIONALS IN WORKERS' COMPENSATION CLAIMS › Section .0100 - ADMINISTRATION › Section 23C .0104 - REPEALED - GOALS OF REHABILITATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 97-25.4;
Eff. January 1,
					 1996;
Repealed Eff. June 1, 2000;
Recodified from
					 04 NCAC
					 10C .0104 Eff. June 1,
					 2018.