North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0700 - APPEALS › Section 23A .0701 - REVIEW BY THE FULL COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notice
				  of Appeal. Application for review shall be made to the Commission within 15
				  days from the date when notice of the Deputy Commissioner's Opinion and Award
				  was given. A letter requesting review shall be considered an application for
				  review to the Full Commission within the meaning of
				  G.S.
				  97-85, provided that the letter specifies the
				  Order or Opinion and Award from which appeal is taken.
(b) Motions to Reconsider to the Deputy
				  Commissioner. A motion to reconsider or to amend the decision of a Deputy
				  Commissioner shall be filed with the Deputy Commissioner within 15 days of
				  receipt of notice of the award. The time for filing a request for review from
				  the decision of a Deputy Commissioner under the rules in this Subchapter shall
				  be tolled until a motion to reconsider or to amend the decision has been ruled
				  upon by the Deputy Commissioner. However, if either party files a letter
				  requesting review of the decision as set forth in Paragraph (a) of this Rule
				  after a motion to reconsider or to amend has been filed with the Deputy
				  Commissioner, jurisdiction shall be transferred to the Full Commission. Any
				  party who had a pending motion to reconsider or amend the decision of the
				  Deputy Commissioner may file a motion with the Chair of the Commission
				  requesting remand to the Deputy Commissioner with whom the motion was pending.
				  Upon remand, jurisdiction shall be transferred to the Deputy Commissioner.
				  Following the Deputy Commissioner's ruling on the motion to reconsider or amend
				  the decision, a party requesting review of the initial decision of the Deputy
				  Commissioner or the ruling on the motion to reconsider or amend the decision
				  shall file a letter requesting review as set forth in Paragraph (a) of this
				  Rule to transfer jurisdiction of the matter back to the Full
				  Commission.
(c) Acknowledging
				  Receipt; Form 44; Joint Certification. The Commission shall acknowledge the
				  request for review by letter. The Commission shall prepare the official
				  transcript and exhibits, if any, and provide them along with a Form 44
				  Application for Review to the parties involved in the appeal at no charge
				  within 30 days of the acknowledgement letter.
(1) The official transcript and exhibits and
				  a Form 44 Application for Review shall be provided electronically to parties
				  represented by counsel. In such cases, the Commission shall send an email to
				  the parties with directions on how to obtain an electronic copy of the official
				  transcript and exhibits. The e-mail shall also provide instructions for the
				  submission of the parties' acknowledgement of receipt of the Form 44
				  Application for Review and the official transcript and exhibits to the
				  Commission. Parties represented by counsel shall sign a joint certification
				  acknowledging receipt of the Form 44 Application for Review and the official
				  transcript and exhibits and submit the certification within 10 days of receipt
				  of the Form 44 Application for Review and the official transcript and exhibits.
				  The certification shall stipulate the date the Form 44 Application for Review
				  and the official transcript and exhibits were received by the parties and shall
				  note the date the appellant's brief is due. The Commission shall save a copy of
				  the parties' acknowledgements in the file for the claim to serve as record of
				  the parties' electronic receipt of the Form 44 Application for Review and the
				  official transcript and exhibits.
(2) In cases where it is not possible to
				  provide a party with the official transcript and exhibits electronically, the
				  Commission shall serve the official transcript and exhibits and a Form 44
				  Application for Review via any class of U.S. Mail that is fully
				  prepaid.