North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .2700 - CERTIFICATION STANDARDS FOR THE WORKERS' COMPENSATION SPECIALTY › Section 01D .2705 - STANDARDS FOR CERTIFICATION AS A SPECIALIST IN WORKERS' COMPENSATION LAW

Current through Register Vol. 39, No. 2, July 15, 2024
Each applicant for certification as a specialist in
					 workers' compensation law shall meet the minimum standards set forth in Rule
					 .1720 of this subchapter. In addition, each applicant shall meet the following
					 standards for certification in workers' compensation law:
(a) Licensure and Practice - An applicant
				  shall be licensed and in good standing to practice law in North Carolina as of
				  the date of application. An applicant shall continue to be licensed and in good
				  standing to practice law in North Carolina during the period of
				  certification.
(b) Substantial
				  Involvement - An applicant shall affirm to the board that the applicant has
				  experience through substantial involvement in the practice of workers'
				  compensation law.
(1) Substantial involvement
				  shall mean during the five years immediately preceding the application, the
				  applicant devoted an average of at least 500 hours a year to the practice of
				  workers' compensation law, but not less than 400 hours in any one year.
				  "Practice" shall mean substantive legal work done primarily for the purpose of
				  providing legal advice or representation, or a practice equivalent.
(2) "Practice equivalent" shall mean:
(A) Service as a law professor concentrating
				  in the teaching of workers' compensation law for one year or more may be
				  substituted for one year of experience to meet the five-year requirement set
				  forth in Rule .2705(b)(1) above;
(B) Service as a mediator of workers'
				  compensation cases may be included in the hours necessary to satisfy the
				  requirement set forth in Rule .2705(b)(1) above;
(C) Service as a deputy commissioner or
				  commissioner of the North Carolina Industrial Commission may be substituted for
				  the substantial involvement requirements in Rule .2705(b)(1) above provided
(i) the applicant was a full time deputy
				  commissioner or commissioner throughout the five years prior to application,
				  or
(ii) the applicant was engaged
				  in the private representation of clients for at least one year during the five
				  years immediately preceding the application; and, during this year, the
				  applicant devoted not less than 400 hours to the practice of workers'
				  compensation law. During the remaining four years, the applicant was either
				  engaged in the private representation of clients and devoted an average of at
				  least 500 hours a year to the practice of workers' compensation law, but not
				  less than 400 hours in any one year, or served as a full time deputy
				  commissioner or commissioner of the North Carolina Industrial
				  Commission.
(3) The board may require an applicant to
				  show substantial involvement in workers' compensation law by providing
				  information regarding the applicant's participation, during the five years
				  immediately preceding the date of the application, in activities such as those
				  listed below:
(A) representation as principal
				  counsel of record in complex cases tried to an opinion and award of the North
				  Carolina Industrial Commission;
(B)
				  representation in occupational disease cases tried to an opinion and award of
				  the North Carolina Industrial Commission; and
(C) representation in appeals of decisions to
				  the North Carolina Court of Appeals or the North Carolina Supreme
				  Court.