North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0300 - APPEALS TO FULL COMMISSION › Section 23B .0302 - APPEALS TO THE FULL COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notice
				  of appeal shall be made to the Commission within 15 days from the date when
				  notice of the Deputy Commissioner's Order or Decision and Order has been
				  received by the appellant. The notice of appeal shall specify, by tort claim
				  number and filing date, the Order or Decision and Order from which appeal is
				  taken. The notice of appeal shall include a written statement confirming that a
				  copy of the notice of appeal has been sent to the opposing party or
				  parties.
(b) After receipt of the
				  notice of appeal, the Commission shall acknowledge the notice of appeal in
				  writing. Within 30 days of the acknowledgement, the Commission shall prepare
				  and provide, at no charge to the parties, electronic copies of any official
				  transcript, any exhibits, and a Form T-44 Application for Review. In cases
				  where it is not possible to provide a party with the official transcript and
				  exhibits electronically, the Commission shall provide the official transcript,
				  all exhibits, and a Form T-44 Application for Review via any class of U.S. mail
				  that is fully prepaid.
(c) Within
				  25 days of receipt of the official transcript and exhibits or receipt of notice
				  that there will be no official transcript and exhibits, the appellant shall
				  submit a Form T-44 Application for Review or written statement stating with
				  particularity all assignments of error and grounds for review, including, where
				  applicable, the pages in the transcript or the record on which the alleged
				  errors are recorded. The Form T-44 Application for Review or the written
				  statement shall be accompanied by confirmation that a copy of the document has
				  been sent to the opposing party or parties. Failure to state the proposed
				  issues on appeal, either by Form T-44 Application for Review or by written
				  statement, shall be grounds for dismissal of the appeal either upon the motion
				  of the non-appealing party or upon the Full Commission's own motion.
(d) An appellant may file a brief in support
				  of the grounds for appeal with the Commission, with a written statement
				  confirming that a copy of the brief has been sent to the opposing party or
				  parties, within 25 days after receipt of the official transcript and exhibits
				  or receipt of notice that there will be no official transcript and exhibits.
				  The appellee shall have 25 days from service of the appellant's brief to file a
				  reply brief with the Commission with a written statement confirming that a copy
				  of the brief has been sent to the opposing party or parties. If the appellant
				  fails to file a brief, the appellee shall file a brief within 25 days after the
				  appellant's time for filing a brief has expired. If multiple parties appeal,
				  each party may file an appellant's brief and appellee's brief on the schedule
				  set forth in this Rule. If the matter has not been calendared for hearing, any
				  party may file a written stipulation to a single extension of time not to
				  exceed 15 days with the Office of the Clerk. The cumulative extensions of time
				  shall not exceed 30 days. A party who fails to file a brief shall not be
				  allowed oral argument before the Full Commission.
(e) Briefs to the Full Commission shall not
				  exceed 35 pages, excluding attachments. No page limit applies to the length of
				  attachments. Typed briefs shall be prepared using 12-point proportional type,
				  shall be double spaced, and shall be prepared with non-justified right margins.
				  Each page of the brief shall be numbered at the bottom right of the page. If a
				  party quotes or paraphrases testimony or evidence from the official transcript
				  or exhibits in a brief, the party shall include, at the end of the sentence, a
				  parenthetic entry that designates the source and page number of the quoted or
				  paraphrased material. The party shall use "T" for transcript and "Ex" for
				  exhibit. For example, (1) if a party quotes or paraphrases material located in
				  the transcript on page 11, the party shall use the following format "(T 11),"
				  and (2) if a party quotes or paraphrases material located in an exhibit on page
				  12, the party shall use the following format "(Ex 12)". If a party quotes or
				  paraphrases testimony or other evidence in the transcript of a deposition, the
				  party shall include, at the end of the sentence, a parenthetic entry that
				  contains the name of the person deposed and the page number in the transcript
				  of the deposition. For example, if a party quotes or paraphrases the testimony
				  of John Smith located on page 11 of the transcript of the deposition, the party
				  shall use the following format "(Smith 11)". Cases shall be cited to the North
				  Carolina Reports, the North Carolina Court of Appeals Reports, or the North
				  Carolina Reporter and, if possible, to the South Eastern Reporter. Briefs shall
				  be based upon the record in the matter, pursuant to
				  G.S.
				  143-292.
(g) A request for review by the Full
				  Commission of an order by a Commissioner or Deputy Commissioner made during the
				  pendency of a case assigned to them shall be filed with the Office of the
				  Clerk. If the order made by the authoring Commissioner or Deputy Commissioner
				  is a final judgment as to one or more issues or parties and the order contains
				  a certification that there is no just reason for delay, the request for review
				  shall be referred directly to a panel of the Full Commission. If the order
				  contains no certification, requests for review shall be referred to the Chair
				  of the Commission for a determination regarding the right to immediate review,
				  and the parties shall address the grounds upon which immediate review shall be
				  allowed.
Authority
					 G.S.
					 143-292;
					 143-300;
Eff. January
					 1, 1989;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0302 Eff. June 1, 2018;
Amended Eff. March 1, 2019.