Welcome to the North Carolina Industrial Commission!
The Industrial Commission administers the Workers’ Compensation Act, the Tort Claims Act, the Childhood Vaccine-Related Injury Act, the Public Safety Employees' Death Benefits Act, the Act to Compensate Individuals Erroneously Convicted of Felonies, and the Eugenics Compensation Program. Our mission is to ensure all parties are treated fairly and equally in accordance with North Carolina State Law.
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Job Postings for Industrial Commission Attorney Positions
In response to stakeholder feedback, links to apply for open Industrial Commission attorney positions will now be posted on the Commission’s website. Please click here to view the posting for a Counsel to the Full Commission position. Please note that the deadline for applying for this position is 5:00 p.m. on November 13, 2024.
Extension of Industrial Commission Statutory and Rule Deadlines for Parties Located in Certain Western North Carolina Counties
Senate Bill 743, which was signed into law by Governor Roy Cooper on October 25, 2024, authorizes an extension of filing deadlines for matters under the jurisdiction of the Industrial Commission as follows:
SECTION 4E.4(a): For matters under the jurisdiction of the Industrial Commission, statutory and Industrial Commission rule deadlines are extended to the dates contained in the 11 October 2024 Order of the Chief Justice of the Supreme Court of North Carolina Extending the 29 September 2024 Amended Order for Certain Designated Counties for parties located in an affected county named in that order.
SECTION 4E.4(b): This section is effective retroactive to September 26, 2024, and will expire as to parties located in a county in the affected area and in accordance with orders issued by the Chief Justice under G.S. 7A-29(b)(1) extending the effect of the order referenced in this section.
Please note that Senate Bill 743 addresses both statutory and rule deadlines for Industrial Commission matters. While the Industrial Commission has authority under Rule 11 NCAC 23E .0302 to waive or modify any portion of its rules to bring them in conformity with an emergency Order or directive of the Chief Justice of the North Carolina Supreme Court that is in effect, the Industrial Commission previously had no authority to extend statutory deadlines.
A link to Senate Bill 743 can be found here. A link to the Chief Justice’s October 11, 2024 Order can be found here.
Extension of Time Periods for Acts to be Done for Thirteen Western North Carolina Counties Until October 28, 2024
Due to the existing and continuing catastrophic conditions resulting from severe weather and flooding in Western North Carolina, on October 11, 2024 the Chief Justice of the North Carolina Supreme Court issued an Order extending until October 28, 2024 the time and periods of limitation for filing and for acts due to be done in the following thirteen counties: Avery, Buncombe, Haywood, Henderson, Jackson, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania, Watauga, and Yancey.
Rule 11 NCAC 23E .0302 allows the Industrial Commission to waive or modify any portion of its rules to bring them in conformity with an emergency Order or directive of the Chief Justice of the North Carolina Supreme Court that is in effect. Therefore, in the interests of justice and consistent with the Chief Justice’s October 11, 2024 Order, the Chair of the Industrial Commission has entered an Amended Order extending all time periods for acts to be done contained in any of its rules for parties located in any of the thirteen counties listed above as follows:
All time periods for acts to be done contained in any Industrial Commission rule are tolled from September 26, 2024 until October 28, 2024 for parties located in any of the thirteen counties listed in the Chief Justice’s October 11, 2024 Order. Any act due to be done between the dates of September 26, 2024 and October 28, 2024 shall be deemed to be timely done if it is done before the close of business on October 28, 2024. Documents permitted to be filed electronically may be filed until 11:59 p.m. on October 28, 2024. For parties who are not required to file documents electronically and choose to hand-deliver a document, the document may be filed at the main office of the Industrial Commission until 5:00 p.m. on October 28, 2024. The main office of the Industrial Commission is located on the 6th floor of the Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603.
Please note: The Commission’s October 11, 2024 Amended Order cannot be used to extend any statutory deadlines for matters under the Commission’s jurisdiction; it only applies to Industrial Commission rule deadlines. Currently the Industrial Commission has no authority to extend statutory deadlines for matters under the Commission’s jurisdiction.
A link to Rule 11 NCAC 23E .0302 can be found here. A link to the Chief Justice’s October 11, 2024 Order can be found here. A link to the Industrial Commission’s October 11, 2024 Amended Order can be found here.
Modification of Industrial Commission Rules Requirements Pursuant to Rule 11 NCAC 23E .0302: Extension of Time Periods for Acts to be Done for Certain Western North Carolina Counties
Due to catastrophic conditions resulting from severe weather and flooding in Western North Carolina, on September 29, 2024, the Chief Justice of the North Carolina Supreme Court issued an Order extending the time and periods of limitation for filing and for acts due to be done in the following North Carolina counties: Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Jackson, Lincoln, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Watauga, Wilkes, and Yancey.
Rule 11 NCAC 23E .0302 allows the Industrial Commission to waive or modify any portion of its rules to bring them in conformity with an emergency Order or directive of the Chief Justice of the North Carolina Supreme Court that is in effect. Therefore, in the interests of justice and consistent with the Chief Justice’s Order, the Chair of the Industrial Commission has entered an Order extending all time periods for acts to be done contained in any of its rules for parties located in any of the North Carolina counties listed above as follows:
All time periods for acts to be done contained in any Industrial Commission rule are tolled from September 26, 2024 until October 14, 2024 for parties located in any of the North Carolina counties listed in the Chief Justice’s Amended September 29, 2024 Order. Any act due to be done between the dates of September 26, 2024 and October 14, 2024 shall be deemed to be timely done if it is done before the close of business on October 14, 2024. Documents permitted to be filed electronically may be filed until 11:59 p.m. on October 14, 2024. For parties who are not required to file documents electronically and choose to hand-deliver a document, the document may be filed at the main office of the Industrial Commission until 5:00 p.m. on October 14, 2024. The main office of the Industrial Commission is located on the 6th floor of the Dobbs Building, 430 N. Salisbury St., Raleigh, NC 27603.
A link to Rule 11 NCAC 23E .0302 can be found here. A link to the Chief Justice’s Order can be found here. A link to the Industrial Commission’s Order can be found here.
Industrial Commission Releases 2024 Annual Report
The Commission has released its 2024 Annual Report. Please click here to view the 2024 Annual Report.
Lauren Halbert Named Director of Compliance Division
The Commission is pleased to announce that Lauren Halbert will begin serving as Director of the Compliance Division effective October 1, 2024.
Ms. Halbert has been a member of the Industrial Commission’s Compliance Division since 2017, when she joined the division as Assistant Director of Compliance. In that role, she was responsible for assisting with the training and mentoring of Compliance Division paralegals, as well as advising them on complex cases. During her Compliance Division service, Ms. Halbert has worked closely with the North Carolina Attorney General’s Office in their adjudication and resolution of penalty cases under G.S. §97-93 and G.S. §97-94. On July 29, 2024, Ms. Halbert began serving as Acting Director of the Compliance Division. Ms. Halbert, who is originally from St. Louis, earned her undergraduate degree from Iowa State University and her J.D. from the College of William and Mary School of Law.
The Commission is grateful to Ms. Halbert for her dedication to the Compliance Division and her willingness to serve as its Director.
29th Annual N.C. Workers' Compensation Educational Conference Presentation Materials Now Available for Printing
If you are registered to attend the Industrial Commission’s 2024 Educational Conference, which will take place at the Raleigh Convention Center from Monday, September 30, 2024 through Wednesday, October 2, 2024, you may review and print the presentation materials by accessing the link found here.
Full Commission Chief Administrative Officer and Lead Counsel Update
April Gladkin, who served as the Full Commission’s Chief Administrative Officer and Lead Counsel, has left the Industrial Commission to return to the private practice of law. The Commission is grateful to Ms. Gladkin for her dedicated service over the last five years and for the many positive contributions she made to the Commission, including the implementation of several new processes and procedures that have led to greater efficiencies at the Full Commission level.
The Commission is pleased to announce that Melissa Botiglione will be serving as Acting Full Commission Chief Administrative Officer and Lead Counsel effective September 3, 2024. Ms. Botiglione has served as Counsel to the Full Commission since December 2021, and she served as a Special Deputy Commissioner assigned to the Deputy Commissioner Section from April 2020 until November 2021. The Commission is appreciative of Ms. Botiglione’s many years of Commission service and her willingness to step into this new role.
Ashley M. Moore Reappointed to Second Term as Deputy Commissioner and Named Director of Claims Administration
The Industrial Commission is pleased to announce that Ashley M. Moore has been reappointed to a second six-year term as a Deputy Commissioner and will begin serving as the Director of Claims Administration effective September 3, 2024.
Moore brings a broad range of relevant experience to her directorship. Prior to her first six-year term as a Deputy Commissioner, Moore served for three years as legal counsel to the Full Commission. During her first Deputy Commissioner term, Moore not only adjudicated workers’ compensation claims but also helped develop the Commission’s contempt hearing procedures and presided over all contempt matters at the Deputy Commissioner level. Before joining the Commission in 2015, Moore practiced family law for six years. Moore earned her undergraduate degree from the University of North Carolina at Chapel Hill and her J.D. from the North Carolina Central University School of Law.
Moore has demonstrated excellent leadership, management, and communication skills during her many years of Industrial Commission service which, combined with her workers’ compensation knowledge, make her uniquely qualified to lead the Claims Administration Section. The Commission is grateful to Moore for her dedication to the agency and her willingness to serve in this new and important role.
Huseby Online Order Form for Hearing Transcripts
Huseby has created a special landing page and order form that a party of record can use to order a hearing transcript in any Industrial Commission case that has not been appealed to the Full Commission or Court of Appeals. Click here for the landing page.
This online order form can be used both: (1) for hearings that were recorded by Huseby; and (2) for hearings that were recorded by Graham Erlacher. (NOTE: Graham Erlacher has informed the Commission that it has stopped fulfilling prior transcript requests. Therefore, if you ordered a transcript from Graham Erlacher but have not yet received it, you will not be receiving the transcript from Graham Erlacher). Because medical motion hearing transcripts have a special 7-day turnaround time, please remember to check the “Medical Motion Hearing” box on the online transcript order form if your case is a medical motion hearing.
Please note that this online order form should not be used to request a Full Commission hearing transcript in a case that has been appealed to the North Carolina Court of Appeals. If your case has been appealed to the Court of Appeals and you would like to order a Full Commission hearing transcript, follow the procedures set forth in Rules 7 and 18(b)(3) of the North Carolina Rules of Appellate Procedure and use the North Carolina Appellate Division forms. Click here for a link to these procedures and forms.
29th Annual N.C. Workers' Compensation Educational Conference: Join Us in Raleigh September 30-October 2!
The Industrial Commission is pleased to announce that its 2024 Educational Conference will be held at the Raleigh Convention Center on Monday, September 30-Wednesday, October 2, 2024. This three-day event is organized by the North Carolina Industrial Commission and is held in cooperation with the International Workers’ Compensation Foundation (IWCF).
Engaging Topics and Speakers!
This year’s Conference agenda includes: A View from the Bench presented by a panel of Deputy Commissioners;
A panel discussion about Medicare’s new mandatory reporting requirements of workers’ compensation claim data;
An appellate law practice tips panel featuring Judge Allegra Collins and Judge April Wood from the North Carolina
Court of Appeals; Industrial Commission Section updates; A vocational rehabilitation panel presentation focused on
using retraining and education in the return-to-work process; Panel presentations featuring both physicians and attorneys
addressing workplace spinal injuries in employees with pre-existing degenerative conditions and best practices for
communicating with physicians in workers’ compensation claims; and You Be the Judge! (an interactive presentation based
on real life workers’ compensation fact patterns).
Up to 12 Hours of Continuing Education Credits!
Participants may be eligible for up to 12 hours of continuing education credits. Applications are pending for the following
occupations: attorneys (CLE), paralegals (CPE), North Carolina insurance adjusters (CE), human resources professionals (SHRM),
and rehabilitation providers (CE for CRC, CDMS, and CCM). COHNs, CRRNs, and any other discipline will be provided, upon request,
with a certificate of completion for credit submission. Pending CLE credits include 2 hours Ethics, 1 hour Substance Abuse/Mental
Health, and 1 hour Technology. Pending credits for rehabilitation providers and North Carolina insurance adjusters include 1 hour
Ethics. In addition, 1 hour mediator (CME) credit is pending approval.
Register Now!
Sign up online and get full details at www.workcompevent.com/north_carolina.
For payment by check, use the registration forms in the brochure found at www.iwcf.us/schedule
under "North Carolina".
NOTE: North Carolina State government employees should contact the IWCF for registration instructions.
Registration Fees: Save by Signing Up Early!
Attendee registration fees are $400 per person paid on or before August 15, 2024; $425 per person paid after August 15, 2024, but on
or before September 15, 2024; and $475 per person paid after September 15, 2024.
Guest Room Reservations are Open at the Raleigh Marriott City Center!
Book your group
rate for North Carolina Workers Compensation Educational Conference 2024 to reserve your room at the group rate of $239 per
night, or call (800) 228-9290 and ask for the North Carolina Workers' Compensation Conference group rate.
Become an Exhibitor or Sponsor?
Exhibitor and sponsorship opportunities are available for the 2024 Educational Conference. Go to
www.workcompevent.com/north_carolina or
www.iwcf.us/schedule (scroll down to "North Carolina" for more information.
Questions?
For more information on the 29th Annual North Carolina Workers' Compensation Educational Conference, please contact the International
Workers' Compensation Foundation via email at compconference@iwcf.us or by phone at (386) 677-0041.
Compliance Division Director Update
Shannon Wharry, who served as the Director of the Compliance Division since 2019, has left the Industrial Commission to join the Department of Insurance as Assistant Agency General Counsel. The Commission is grateful to Ms. Wharry for her many years of service, which not only include her directorship but also include her prior Industrial Commission service as a Compliance Officer.
The Commission is pleased to announce that Lauren Halbert will be serving as Acting Director of the Compliance Division effective July 29, 2024. Lauren has been a member of the Compliance Division since 2017, when she joined the Commission as Assistant Director of Compliance. As Assistant Director, Lauren has been responsible for assisting with the training and mentoring of Compliance Division paralegals, as well as advising them on complex cases. She also has worked closely with the Attorney General’s Office in their adjudication and resolution of penalty cases under G.S. §97-93 and G.S. §97-94. The Commission is appreciative of Lauren’s many years of dedicated service and her willingness to step into this new role.
New Court Reporting Services State Contract for Industrial Commission Hearings Awarded to Huseby, LLC
The Industrial Commission is pleased to announce that Huseby, LLC has been awarded the new State contract to provide court reporting services for Industrial Commission hearings. As of August 1, 2024, Huseby court reporters will record all Industrial Commission hearings required to be recorded under N.C. Gen. Stat. §97-79(d) or N.C. Gen. Stat. §97-85(b). Huseby also will prepare all official Industrial Commission transcripts in cases appealed to the Full Commission or North Carolina Court of Appeals and for Industrial Commission public hearings.
Additionally, any party of record can order a verbatim transcript of the hearing recording directly from Huseby. Huseby will bill the requesting party directly, and Huseby will provide the hearing transcript to the requesting party within the following turnaround delivery time requirements:
a. 21 calendar days from the date of the request for in-person, non-medical motion hearings
lasting 1 day or less.
b. 30 calendar days from the date of the request for remote, non-medical motion hearings
lasting 1 day or less.
c. 7 calendar days from the date of the request for all medical motion hearings (both
in-person and remote) lasting 1 day or less.
d. NOTE: For any hearing lasting more than 1 day, Huseby may add an additional 7 calendar
days to the applicable time period listed in (a) through (c) above.
The Industrial Commission looks forward to working with Huseby to provide high-quality, efficient court reporting services for the benefit of the Commission’s stakeholders.
Director of Claims Administration Update
Brittany Walton, who served as the Industrial Commission’s Director of Claims Administration since January of 2022, has resigned from her position as of July 1, 2024. The Commission thanks Ms. Walton for her contributions and wishes her the best as she embarks on the next stage of her legal career. Executive Secretary Meredith Henderson will serve as Acting Director of Claims Administration until a new Director is announced.
EDFP Filing Protocol Expanded to Allow Parties to File Documents Prior to Receipt of IC File Number
The Industrial Commission has created new EDFP filing protocols to allow the filing of documents whether or not a party has received an acknowledgement of a claim with an IC file number. Please click here to view the Expanded Filing Protocol Instructions.
James C. Gillen Confirmed by General Assembly to Serve a Second Term as a Commissioner
The General Assembly has confirmed Governor Roy Cooper’s appointment of James C. Gillen to serve a second term as a Commissioner on the North Carolina Industrial Commission. Gillen’s second term will begin on July 1, 2024, and runs for a period of six years.
John A. Tomei Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of John A. Tomei to serve as a Deputy Commissioner beginning June 24, 2024.
Tomei brings a wealth of workers’ compensation and courtroom experience to the Commission, having litigated hundreds of workers’ compensation cases for nearly 35 years before the Industrial Commission, North Carolina Court of Appeals, and North Carolina Supreme Court. His decades-long career has provided him an invaluable understanding of the complex legal issues presented in many workers’ compensation claims. Tomei became a Certified Mediator in 2017, and over the course of the last seven years, he has enjoyed helping parties resolve both workers’ compensation and tort claims. Tomei is a frequent presenter on workers’ compensation topics at Continuing Legal Education programs, and he has served as a legal mentor to several junior attorneys.
Tomei earned his undergraduate degree from the University of North Carolina at Chapel Hill and his J.D. from the University of North Carolina School of Law.
Tomei will be assigned to the Commission’s Raleigh Office.
Revised Guidelines for In-Person Industrial Commission Hearings
The Industrial Commission has revised its in-person hearing guidelines to reflect the most recent guidance from the Centers for Disease Control (CDC). The revised in-person hearing guidelines can be found here.
New Integrated Case Management System: Feedback and Suggestions
The Industrial Commission welcomes your feedback about your experience with our new case management system and your suggestions for improvement. Please email feedback@ic.nc.gov to share your thoughts and ideas about the new system! Please note, however, that all requests for technical assistance with the new system should be emailed to support@ic.nc.gov. The feedback@ic.nc.gov email address should be used only for non-urgent feedback about the new system.
Matthew E. Buckner Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Matthew E. Buckner to serve as a Deputy Commissioner beginning March 4, 2024.
Buckner is a North Carolina State Bar Board Certified Specialist in workers’ compensation law who brings significant workers’ compensation experience to the Industrial Commission. Since 2017, he served in the Workers’ Compensation Section of the North Carolina Department of Justice, first as an Assistant Attorney General and then as a Special Deputy Attorney General. While at the Department of Justice, Buckner represented the North Carolina Department of Public Instruction and other State agencies in all stages of workers’ compensation litigation and at the State appellate court level. Prior to joining the Department of Justice, Buckner litigated workers’ compensation cases in the private sector at Diener Law, where he represented injured workers.
Buckner earned his undergraduate degree from East Carolina University and his J.D. from North Carolina Central University School of Law.
Buckner will be assigned to the Commission’s Raleigh Office.
James C. Gillen Reappointed to the Full Commission
Governor Roy Cooper has reappointed James C. Gillen to serve a second six-year term as a Commissioner on the North Carolina Industrial Commission beginning July 1, 2024, subject to confirmation by the North Carolina General Assembly.
Gillen began his legal career with the Industrial Commission in 1994, working as an Agency Legal Specialist under several Commissioners and as a Special Deputy Commissioner in the Executive Secretary's Office. Gillen then served as a Deputy Commissioner from 2005 until he was confirmed to serve his first term as a Commissioner.
Gillen received his B.A. degree in English from North Carolina State University in 1991 and his J.D. degree from Campbell University School of Law in 1994.
Revised “Go-Live” Schedule: EDFP Unavailable from Thursday, February 29 at 10:00 a.m. until “Go-Live” on Tuesday, March 5 at 8:00 a.m.
The Industrial Commission’s new integrated case management system “go-live” date has been moved back by one week to ensure sufficient time to complete data and document migration. The new system will now go live on Tuesday, March 5, 2024, at 8:00 a.m. Please note that EDFP will be unavailable for electronic filing beginning on Thursday, February 29, 2024, at 10:00 a.m. and continuing until the new system goes live. Therefore, beginning at 10:00 a.m. on February 29 and continuing until 8:00 a.m. on March 5, all electronic filings will need to be submitted via email at edfp@ic.nc.gov. To avoid a backlog of electronic filings, the Commission requests that only filings required in order to meet a statutory, rule, or other deadline be submitted to the email address.
At “go-live” on March 5, you will be able to enter the Commission’s new electronic services center and enjoy an improved, modernized, and user-friendly portal experience. When the electronic services center becomes available to you on March 5, you will need to register for it. Please note that having an NCID Account to log into EDFP will not give you access to the new electronic services center. Simple and easy registration instructions will be available on the Commission’s website, and it should take you less than five minutes to register.
You can subscribe now to receive notification emails about the Commission’s new case management system at www.ic.nc.gov/SubscribeNCIC.html. Periodic updates will be sent to the subscription list and posted on the Commission’s website regarding the new system, its features, and training resources.
Notice of Meeting
The Commissioners will meet on February 8, 2024, at 2 p.m. in the Utilities Commission Hearing Room (Room 2115) on the 2nd floor of the Dobbs Building, which is located at 430 N. Salisbury Street, Raleigh, NC 27603. Please click here for the meeting notice and agenda.
New Integrated Case Management System Going Live in Late February 2024
The Industrial Commission’s new integrated case management system will go live for external users in late February of 2024. The Commission is excited to offer this improved, modernized, and user-friendly system to its external stakeholders.
At “go live,” external users will be able to make a variety of requests electronically, including requests for secure leave, hearing audio, and Rehabilitation Professional Course registration. External users also will be able to update their contact information electronically, upload bulk form filings, file an expanded list of documents electronically, and search the Commission’s hearing dockets to find their hearings. Additionally, electronic versions of the Form 18 and Form 33 will be available to use.
The Commission will be sending out periodic updates about its new integrated case management system via email. If you are not currently subscribed to receive these updates via email, you can subscribe now at www.ic.nc.gov/SubscribeNCIC.html.
Kevin V. Howell Designated Chief Deputy Commissioner Effective February 1, 2024
The Industrial Commission is pleased to announce the designation of Kevin V. Howell as Chief Deputy Commissioner effective February 1, 2024. Howell has demonstrated outstanding leadership qualities over the course of his service as a Deputy Commissioner, and the Commission is grateful to Howell for his willingness to head the Deputy Commissioner Section following the retirement of Chief Deputy Commissioner Tammy R. Nance. Howell also will continue to serve as the Commission’s Dispute Resolution Coordinator.
Tammy R. Nance to Retire from Industrial Commission Effective February 1, 2024
Chief Deputy Commissioner Tammy R. Nance, who has served the Industrial Commission in multiple capacities, including in several leadership roles, will be retiring effective February 1, 2024.
Nance began her Industrial Commission service in 1987 as a Deputy Commissioner. In 1995, she left the Commission to practice law in the private sector. During this time, she represented both employers and employees in workers’ compensation claims and served as a mediator in workers’ compensation cases. In 2011, Nance was appointed to the Full Commission by Governor Beverly Perdue, and she served on the Full Commission from 2011 to 2018. After a brief return to private practice, Nance returned to the Commission in 2019 as a Deputy Commissioner assigned to head the Claims Administration Section. In November of 2020, Nance was named Chief Deputy Commissioner, and from February of 2022 until November of 2023, she additionally served as Acting Dispute Resolution Coordinator.
Over the course of her career at the Industrial Commission, Nance has made many meaningful contributions with lasting impact, most recently through her strong leadership of the Deputy Commissioner and Mediation Sections. Nance’s colleagues and the Commission’s stakeholders are familiar with her strong work ethic, high integrity, professionalism, and commitment to her colleagues and the public. The Commission is appreciative of Nance’s service and wishes her all the best in a well-deserved retirement.
ToNola Brown-Bland Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of ToNola Brown-Bland to serve as a Deputy Commissioner beginning January 2, 2024.
Brown-Bland brings considerable State government service and courtroom experience to the Industrial Commission. Prior to serving as a Commissioner on the North Carolina Utilities Commission from July 2009 until December 2023, she worked as an attorney for the Utilities Commission and served as Associate General Counsel for the Greensboro City Attorney’s Office. Brown-Bland also has private sector legal experience, having served as Senior Corporate Counsel for Lucent Technologies, Inc. and having worked in a law firm, where she engaged in civil litigation and handled appeals to the North Carolina Court of Appeals and North Carolina Supreme Court.
Brown-Bland earned her undergraduate degree from the University of North Carolina at Chapel Hill and her J.D. from Duke University School of Law.
Brown-Bland will be assigned to the Commission’s Raleigh office.
Mary Claire Brown Reappointed to Second Term as Deputy Commissioner
The Industrial Commission is pleased to announce the reappointment of Mary Claire Brown to serve a second six-year term as a Deputy Commissioner beginning March 10, 2024. Brown will continue her service in the Commission’s Charlotte office.
Prior to joining the Commission in 2018 as a Deputy Commissioner, Brown worked in the private sector where she handled workers’ compensation and liability cases at the law firm of Hedrick Gardner. Brown earned her undergraduate degree from the University of North Texas and her J.D. from Campbell University School of Law.
Deputy Commissioner Kevin V. Howell to Serve as Dispute Resolution Coordinator Effective November 8, 2023
The Industrial Commission is pleased to announce that Deputy Commissioner Kevin V. Howell will begin serving as Dispute Resolution Coordinator effective tomorrow, November 8, 2023.
Howell brings extensive, relevant work experience to the Commission’s Mediation Section, including his familiarity with the dispute resolution process from his time spent in private practice and his many years of service as a Deputy Commissioner. Howell’s excellent organizational, leadership, and technological skills also uniquely qualify him to serve as Dispute Resolution Coordinator.
The Industrial Commission is grateful to Howell for his commitment to the agency and his willingness to serve in this new role. Howell will continue to hear cases as a Deputy Commissioner while serving as Dispute Resolution Coordinator.
Notice of Meeting
The Commissioners will meet on October 18, 2023, at 2 p.m. in Training Room 245 on the 2nd Floor of the Department of Insurance building, which is located at 325 N. Salisbury Street, Raleigh, NC 27603. Please click here for the meeting notice and agenda. Please click here to read the Petition for Rulemaking that will be considered and decided upon at the meeting.
Notice of Meeting
The Commissioners will meet on October 5, 2023, at 5:00 p.m. for a presentation by the Judicial Standards Commission and a team building event with the Deputy Commissioners. Click here for additional information.
Yellow Corporation Insolvency Update
The Industrial Commission has been notified by the North Carolina Self-Insurance Security Association (NCSISA) that the 60-day period for the automatic stay under G.S. § 97-141 began to run on September 5, 2023.
As G.S. § 97-141 states:
All claims or proceedings under this Chapter to which the insolvent member self-insurer is a party either before the Industrial Commission or a court in this State and the running of all time periods against either the insolvent member self-insurer or the Association under this Chapter shall be stayed for 60 days from the later of the date of notice to the Association of the insolvency or the date the Association is notified of a claim or proceeding under this Chapter in order to permit the Association to investigate, prosecute, or defend properly any petition, claim, or appeal under this Chapter, provided that the payment of weekly compensation for incapacity is made whenever time periods or proceedings affecting the payment of weekly compensation are stayed.
Pursuant to the automatic stay required by G.S. § 97-141, the Industrial Commission has stayed all workers’ compensation proceedings against Yellow Corporation and its subsidiaries, and the Commission has stayed the running of all time periods against Yellow Corporation, its subsidiaries, and the North Carolina Self-Insurance Security Association (NCSISA) in all workers’ compensation claims or proceedings in which Yellow Corporation or a subsidiary of Yellow Corporation is a party, for a period of 60 days beginning September 5, 2023. Provided, however, that consistent with the language of G.S. § 97-141, this 60-day automatic stay does not apply to the payment of weekly compensation for incapacity that is otherwise due and payable.
Yellow Corporation Insolvency Information
On August 6, 2023, Yellow Corporation filed a Chapter 11 petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware. On August 23, 2023, Yellow Corporation notified the North Carolina Self-Insurance Security Association (NCSISA) that it has discontinued funding for all self-insured workers’ compensation programs, including those in the State of North Carolina. On August 23, 2023, after conferring with the North Carolina Department of Insurance, NCSISA notified the Industrial Commission that Yellow Corporation’s Chapter 11 bankruptcy filing and subsequent default constitute an insolvency in accordance with N.C. Gen. Stat. § 97-135.
All North Carolina workers’ compensation claims against Yellow Corporation and its subsidiaries are now being transferred to NCSISA, and NCSISA is in the process of reviewing case files in accordance with its statutory mandate.
Pursuant to N.C. Gen. Stat. § 97-133(a)(4), NCSISA is obligated to pay “covered claims” of Yellow Corporation upon default. A “covered claim” means an unpaid claim against an insolvent self-insurer that relates to an injury that occurred while the self-insurer was a member of the NCSISA. (N.C. Gen. Stat. § 97-130(4)). Yellow Corporation has been a member of the NCSISA since October 1, 1986.
Pursuant to N.C. Gen. Stat. § 97-141, NCSISA is entitled to a 60-day stay on all claims or proceedings under the North Carolina Workers’ Compensation Act to which Yellow Corporation is a party. This 60-day period runs from the later of the date of the notice to the NCSISA of the insolvency or the date NCSISA is notified of a claim or proceeding under the North Carolina Workers’ Compensation Act. However, N.C. Gen. Stat. § 97-141 also provides that “the payment of weekly compensation for incapacity is made whenever time periods or proceedings affecting the payment of weekly compensation are stayed.
Any questions regarding a North Carolina workers’ compensation claim against Yellow Corporation or any of its subsidiaries should be directed to: Catherine Stuart, Stuart Law Firm, PLLC, General Counsel to NCSISA at cstuart@stuartlawfirm.com. Other inquiries may be directed to NCSISA at www.ncsisa.org.
Expedited Hearing Requests in Cases Not Involving an Expedited Medical Motion or an Appeal of a Form 23 or Form 24 Decision
The Industrial Commission has received several recent inquiries about the procedure for requesting an expedited hearing in a case that does not involve an expedited medical motion under G.S. §97-25(f)(2) and does not involve an appeal of a Form 23 or Form 24 decision by the Executive Secretary’s Office. In such a case, the proper procedure is for the party filing the Form 33 Request for Hearing to additionally file via EDFP a Motion to Dispense with Mediation with the Dispute Resolution Coordinator. As with all motions in workers’ compensation claims, the Industrial Commission’s Motions Practice rule (11 NCAC 23A .0609) applies. A link to the Motions Practice rule can be found here.
28th Annual N.C. Workers' Compensation Educational Conference: Join Us in Raleigh this October!
The Industrial Commission is pleased to announce that its 2023 Educational Conference will be held at the Raleigh Convention Center on October 4-6, 2023. This three-day event is organized by the North Carolina Industrial Commission and is held in cooperation with the International Workers’ Compensation Foundation (IWCF).
Engaging Topics and Speakers!
This year’s Conference agenda includes: A mock Deputy Commissioner hearing with practical hearing tips;
Panel presentations on a variety of interesting medical and medicolegal topics such as minimally invasive
spinal procedures, brain and head injury rehabilitation, and the diagnosis, treatment, and compensability of
hand and upper extremity conditions; Full Commission, Deputy Commissioner, and Dispute Resolution updates
and insights; Practice tips for motions and agreements filed with the Executive Secretary’s Office; Productivity
hacks and technology tips for lawyers and other professionals; Appellate case law updates; JeoParody! (a fun,
quiz-style game); and You Be the Judge! (an interactive presentation based on real life workers’ compensation
fact patterns).
Up to 12 Hours of Continuing Education Credits!
Participants may be eligible for up to 12 hours of continuing education credits. Applications are pending
for the following occupations: attorneys (CLE), paralegals (CPE), North Carolina insurance adjusters, human
resources professionals (SHRM), and rehabilitation providers (CE for CDMS and CCM). COHNs, CRRNs, and any
other discipline will be provided, upon request, with a certificate of completion for credit submission. Pending
CLE credits include 2 hours Ethics, 1 hour Substance Abuse/Mental Health, and 1 hour Technology. Pending credits
for rehabilitation providers and North Carolina insurance adjusters include 1 hour Ethics. In addition, 1 hour
mediator (CME) credit is pending approval.
Register Now!
Sign up online and get full details at www.workcompevent.com/north_carolina.
For payment by check, use the registration forms in the brochure.
NOTE: North Carolina State government employees should
contact the IWCF for registration instructions.
Registration Fees: Save by Signing Up Early!
Attendee registration fees are $350 per person paid on or before August 31, 2023; $375 per person
paid on September 1 through September 23, 2023; and $425 per person paid on September 24, 2023 or later.
Guest Room Reservations are Open at the Raleigh Marriott City Center!
Click here
to reserve your room at the North Carolina Workers' Compensation Conference group rate of $215 per night, or call (800) 228-9290 and ask
for the North Carolina Workers' Compensation Conference group rate.
Questions?
For more information on the 28th Annual North Carolina Workers' Compensation Educational Conference, please contact the International
Workers' Compensation Foundation via email at compconference@iwcf.us or by phone at (386) 677-0041.
April Gladkin Promoted to Full Commission Chief Administrative Officer and Lead Counsel
The Industrial Commission is pleased to announce the promotion of April Gladkin to Full Commission Chief Administrative Officer and Lead Counsel.
In her new position, Ms. Gladkin serves as the Section Head of the Full Commission Section (akin to the Executive Secretary and Chief Deputy Commissioner), as well as the Full Commission’s Lead Counsel. Ms. Gladkin’s responsibilities include managing the daily operations of the Full Commission, supervising other Full Commission Legal Counsel, managing and coordinating the Full Commission’s dockets, and serving as the primary liaison and contact for public inquiries regarding docketing, case management, and other Full Commission issues.
The Industrial Commission is grateful to Ms. Gladkin for her dedicated service to the Full Commission and is appreciative of her willingness to serve in this new capacity.
Liza Nordstrom to Serve as Budget Manager Effective July 17, 2023
The Industrial Commission is pleased to welcome Liza Nordstrom as its Budget Manager.
Ms. Nordstrom brings extensive public sector financial and accounting experience to the Industrial Commission. Most recently, Ms. Nordstrom served as the Controller of Durham Technical Community College for over seven years. Prior to that, she worked as a Systems Accountant for the North Carolina Community College System and as an Internal Auditor for the North Carolina Department of Health and Human Services.
Ms. Nordstrom earned her bachelor’s degree in accounting and finance from Fayetteville State University, and she earned her Master of Accounting from Florida Atlantic University.
Philip A. Baddour, III Confirmed by General Assembly to Serve a Second Term as a Commissioner
The General Assembly has confirmed Governor Roy Cooper’s appointment of Philip A. Baddour, III to serve a second term as a Commissioner on the North Carolina Industrial Commission. Baddour’s second term began on May 1, 2023 and runs for a period of six years. Baddour continues to serve as Chair of the Commission.
Save the Date! 28th Annual North Carolina Workers’ Compensation Educational Conference: October 4-6, 2023 at Raleigh Convention Center
The Industrial Commission is pleased to announce that the 2023 Educational Conference will be held at the Raleigh Convention Center on October 4-6, 2023. The program for this three-day event is organized by the North Carolina Industrial Commission, and the Conference is held in cooperation with the International Workers' Compensation Foundation (IWCF).
This year’s agenda will include panel presentations covering a variety of relevant medical and legal topics, and conference attendees may be eligible for up to 12 hours of continuing education credits. Application will be made for credits in the following occupations: attorneys (CLE), paralegals (CPE), North Carolina adjusters, human resources professionals (SHRM), and rehabilitation providers (CE for CDMS and CCM). COHNs, CRRNs, and any other discipline will be provided, upon request, with a certificate of completion for credit submission. Pending CLE credits include 2 hours Professional Responsibility/Ethics, 1 hour Substance Abuse/Debilitating Mental Conditions, and 1 hour Technology. Pending credits for rehabilitation providers and adjusters include 1 hour Ethics.
Registration will open this summer. To sign up for notice when registration opens, go to www.iwcf.us/announcements.
Mediation Attendance Update for Industrial Commission Mediations, Effective May 1, 2023
The Supreme Court of North Carolina has approved amendments to the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions, which go into effect May 1, 2023 and which can be found here. Among the amended Superior Court mediation rules is Rule 4, which governs attendance at Superior Court mediations.
Attendance at Industrial Commission mediations is governed by Rule 104 of the Industrial Commission’s mediation rules (11 NCAC 23G .0104), which can be found here. Paragraph (b) of Rule 104 provides that the attendance method for Industrial Commission mediations shall be the same as the attendance method set forth in Rule 4 of the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions. Therefore, the Rule 4 amendments affect the way the attendance method will be determined in Industrial Commission mediations beginning May 1, 2023.
Under the Rule 4 amendments, if all parties and the mediator agree on the mediation attendance method (which can be remote, in-person, or a hybrid of the two where some parties are participating remotely while others are together in-person), then the mediation will be held using the agreed-upon attendance method. If an agreement on the attendance method cannot be reached, then attendance will be in-person unless the mediator has designated in the Dispute Resolution Commission’s Mediator Information Directory that he or she will only conduct remote mediations. However, in all cases, a party who is required to attend the mediation may file a motion with the Industrial Commission Dispute Resolution Coordinator asking that a different method of attendance be ordered. (For example, a party who wishes to participate remotely but who does not object to others participating in-person may file a motion requesting an order allowing a hybrid of remote and in-person attendance at the mediation).
A link to the Dispute Resolution Commission’s Mediator Search page and Mediator Information Directory can be found here. To determine the attendance method designation, if any, made by a mediator, click on “Find a Mediator,” then click on “Mediated Settlement Conference Mediators (Superior Court)", then type in the name of the mediator and click on “Search.” You will then see the mediator’s profile. Look under “Key Words” to see the attendance method designation, if any, made by the mediator.
To help the parties in Industrial Commission cases better visualize the effect of the Rule 4 changes on Industrial Commission mediations, the Commission has created a flowchart, which can be found here.
Amber May to Serve as Chief Operating Officer Effective June 1, 2023
The Industrial Commission is pleased to announce that Amber May will serve as its Chief Operating Officer effective June 1, 2023.
May currently serves as the Commission’s General Counsel, having returned to the Commission in March of 2022 after eight years as Rules Review Commission Counsel at the North Carolina Office of Administrative Hearings. Prior to joining the Rules Review Commission, May served as the Law Clerk to former Commission Chair Pamela T. Young. Before that, May worked as a Staff Attorney for Legal Aid of North Carolina, where she represented clients in a wide variety of civil matters and gained substantial litigation experience.
May’s professional background also includes significant human resources experience. Prior to law school, she worked as a Benefits Specialist, first for the University of North Carolina Hospitals and then for the North Carolina Administrative Office of the Courts.
May earned her law degree from North Carolina Central University School of Law and her bachelor’s degree in Business Administration from Meredith College.
Pamela T. Young to Retire from Industrial Commission Effective June 1, 2023
After 29 years of impactful public service, the Industrial Commission’s Chief Operating Officer, Pamela T. Young, is retiring effective June 1, 2023.
Young’s service to the State of North Carolina includes nearly 20 years at the Industrial Commission where she served as a Deputy Commissioner from 1996-2002; a Commissioner from 2003-2014, during which time she was designated by the Governor as Vice-Chair and then Chair of the Commission; and most recently as Chief Operating Officer since 2020.
Young’s State service also includes working as a Policy Analyst for the Office of State Budget and Management, as well as serving as Deputy Secretary and Legal Counsel for the North Carolina Department of Cultural Resources and Director of Customer Compliance Services at the Division of Motor Vehicles. Young also has made meaningful contributions to higher education in North Carolina, having served as Director of External Affairs in the Office of the Chancellor at North Carolina Central University and as an Adjunct Professor at the North Carolina Central University School of Law.
Since returning in 2020 to the Commission, Young has contributed in countless ways to the operation of the Commission, including helping guide the Commission through the many challenges of the pandemic. Her collaborative approach to management and her problem-solving skills have greatly benefited the Commission. While Young’s leadership, guidance, and expertise will be missed, the Commission wishes her all the best in her future endeavors.
William B. Wallace Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of William B. Wallace to serve as a Deputy Commissioner beginning March 13, 2023.
Wallace began practicing workers’ compensation law in 1998, and he has represented both plaintiffs and defendants in workers’ compensation cases. He is a North Carolina State Bar Board Certified Specialist in workers’ compensation law and a North Carolina Dispute Resolution Commission certified mediator. Wallace is a former Chair of the North Carolina Bar Association’s Workers’ Compensation Section, and when North Carolina adopted the Uniform Bar Examination, he served on the North Carolina Board of Law Examiners’ committee that formulated the Workers’ Compensation portion of the North Carolina-specific component of the exam. Wallace is fluent in Spanish, as well.
In addition to his workers’ compensation background, Wallace has significant experience representing clients in a variety of other legal matters including third-party liability claims stemming from workplace injuries, contract disputes, and other civil litigation.
Wallace earned his undergraduate degree from the University of North Carolina at Chapel Hill and his J.D. from the University of Richmond T.C. Williams School of Law.
Wallace will be assigned to the Commission’s Charlotte regional office.
Philip A. Baddour, III Reappointed to the Full Commission
Governor Roy Cooper has reappointed Philip A. Baddour, III to serve a second six-year term as a Commissioner on the North Carolina Industrial Commission beginning May 1, 2023, subject to confirmation by the North Carolina General Assembly.
In March of 2017, Baddour was appointed by Governor Cooper to serve his first term as a Commissioner, and he was confirmed by the General Assembly in June of 2017. In February of 2019, Governor Cooper designated Baddour as the Chair of the Industrial Commission. Baddour previously served as a Deputy Commissioner at the Industrial Commission for 17 years.
Before joining the Industrial Commission, Baddour practiced law in his hometown of Goldsboro, North Carolina from 1996 to 1999, primarily representing plaintiffs in the areas of workers' compensation and tort litigation. In 1999, he joined the North Carolina Department of Justice as an Assistant Attorney General, defending State agencies in workers' compensation and tort claim actions. Baddour also previously served as a JAG Officer in the North Carolina National Guard.
Baddour received his B.A. degree from the University of North Carolina at Chapel Hill in 1992 and earned his law degree from Campbell University in 1996.
New Procedure: Report of Mediator Fee Invoices to be Emailed when Mediator Appointed
On Monday, February 20, 2023, the Industrial Commission will begin emailing Report of Mediator fee invoices at the time the mediator is appointed. The Report of Mediator invoice will be sent to defense counsel by email shortly after the Appointment of Mediator Order is emailed.
This new procedure, which was created in response to stakeholder feedback, will give employers and carriers additional time to process and pay Report of Mediator fees. Upon receipt of the Report of Mediator invoice, the $200 fee can be paid online via credit card (MasterCard or Visa) or e-Check. A link for online payment will be provided in the email. The $200 fee also may be paid by paper check mailed to the Industrial Commission.
While the Industrial Commission strongly encourages early payment of Report of Mediator fees to avoid past due invoices, this new procedure does not change the Report of Mediator fee due date (i.e., payment of the $200 Report of Mediator fee is due no later than seven (7) days from the deadline for completing mediation or seven (7) days from the date mediation is completed, whichever is earlier). With the ability to pay Report of Mediator fees early, however, employers and carriers can avoid the risk of late payment (which may subject them to statutory penalties and interest) and can more efficiently manage and bring closure to their case files.
The Industrial Commission hopes that employers and carriers will take advantage of the extra time to process and pay Report of Mediator fees afforded by this new procedure. Ensuring timely payment of Report of Mediator fees is an important element of the mediation process and is essential to the Industrial Commission’s ability to fund its operations.
Elias W. Admassu Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Elias W. Admassu to serve as a Deputy Commissioner beginning February 27, 2023.
Admassu brings considerable workers’ compensation experience to the Commission, having litigated claims before the Industrial Commission from 2009 through 2020 while representing employers and insurers. He also has significant employment law and governmental experience, having served in important advisory roles in the Chief Counsel’s Office of the North Carolina Division of Employment Security and as counsel to the Human Resources and General Counsel’s Office of the North Carolina Department of Justice over the past few years. Most recently, Admassu was a Special Deputy Attorney General responsible for representing the North Carolina Department of Health and Human Services in complex employment, labor, disability, and constitutional law litigation in federal and state courts and before administrative agencies.
Admassu earned his undergraduate degree from Howard University and his J.D. from the University of North Carolina School of Law.
Admassu will be assigned to the Commission’s Raleigh office.
Carolyn J. Thompson Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Carolyn J. Thompson to serve as a Deputy Commissioner beginning January 2, 2023.
Thompson brings a long history of judicial service to the Commission, having served as a District Court judge and then a Resident Superior Court judge in the 9th Judicial District of North Carolina for a total of nine years. In addition to her prior judicial service, Thompson has over 16 years of litigation experience in both civil and criminal matters. While practicing law, Thompson also served as a certified mediator in Superior Court cases and Family Financial Settlement disputes.
Thompson earned her undergraduate degree from Hampton University and her J.D. from North Carolina Central University School of Law.
Thompson will be assigned to the Commission’s Raleigh office.
Kevin V. Howell Reappointed to Second Term as Deputy Commissioner
The Industrial Commission is pleased to announce the reappointment of Kevin V. Howell to serve a second term as a Deputy Commissioner beginning December 30, 2022.
Howell will continue his service in the Commission’s Raleigh office. Prior to joining the Commission in 2016 as a Deputy Commissioner, Howell was General Counsel at the North Carolina Department of Natural and Cultural Resources. Howell entered State government in 2013 with the North Carolina Department of Health and Human Services. Before his State government service, Howell practiced law in the private sector, primarily in the areas of criminal defense and general civil litigation.
Howell earned his undergraduate degree from North Carolina State University and his J.D. from Campbell University School of Law.
Corrected Medical Fee Schedule Tables for 2022
Rule 11 NCAC 23J .0102 requires the Industrial Commission to publish annually on its website three tables (a Professional Fee Schedule Table, a Durable Medical Equipment (DME) Fee Schedule Table, and a Clinical Laboratory Fee Schedule Table). The Commission discovered inaccuracies in these fee schedule tables, and it has corrected these inaccuracies to align the information in the 2022 fee schedule tables with the requirements of N.C. Gen. Stat. § 97-26 and Subchapter J of the Industrial Commission’s rules.
To view the corrected 2022 fee schedule tables, which apply to dates of service on or after January 1, 2022, click here. For fee schedule information for dates of service prior to January 1, 2022, please email medicalfees@ic.nc.gov for assistance.
Revised Guidelines for In-Person Industrial Commission Hearings
The Industrial Commission has revised its in-person hearing guidelines to reflect the most recent guidance from the Centers for Disease Control (CDC). The revised in-person Deputy Commissioner hearing guidelines can be found here. The revised in-person Full Commission hearing guidelines can be found here.
27th Annual N.C. Workers' Compensation Educational Conference: Join Us in Raleigh this October!
The Industrial Commission is pleased to announce that the 2022 Educational Conference will be held at the Raleigh Convention Center on October 12-14, 2022. Additionally, we are offering a virtual, on-demand attendance option available for viewing from October 24- November 4, 2022 for those of you who cannot attend in person. (Note: On-demand viewing is not eligible for continuing education credit for North Carolina adjusters).
Engaging Topics and Speakers!
This year’s agenda includes: A wearable technology presentation geared toward workplace
injury prevention and safe return to work; A mock Deputy Commissioner hearing with practical
hearing tips; Full Commission updates and insights; Panel presentations on important issues
such as work status and restrictions following surgery, variable outcomes following rotator cuff
surgery, and traumatic brain injuries in workers’ compensation cases; Appellate case law updates;
and JeoParody! (a fun, quiz-style game).
This year’s presenters include: Commissioners, Deputy Commissioners, and Special Deputy Commissioners; Industrial Commission Section Heads; Plaintiff and defense attorneys; Physicians and other health care providers; Medical and vocational rehabilitation specialists; and Mediators.
Up to 12 Hours of Continuing Education Credits!
Participants may be eligible for up to 12 hours of continuing education credits. Application
will be made for credits in the following occupations: attorneys (CLE), paralegals (CPE),
North Carolina adjusters (CE credit in person only), human resources professionals (SHRM),
and rehabilitation providers (CE for CDMS and CCM). COHNs, CRRNs, and any other discipline
will be provided, upon request, with a certificate of completion for credit submission. Pending
CLE credits include 2 hours Ethics and 1 hour Technology. Pending credits for rehabilitation
providers and adjusters include 1 hour Ethics.
Register Now!
More information is available on the IWCF website at www.iwcf.us/schedule.
Sign up online (credit cards only) at
www.compevent.com/north_carolina. Or use
the registration forms in the brochure
for payment by check. Attention State government employees -
contact the IWCF for instructions.
Registration Fees: Save by Signing Up Early!
Attendee registration fees are $325 per person paid on or before August 31, 2022; $350
per person paid after August 31, 2022, but on or before September 23, 2022; and $400 per person
paid after September 23, 2022.
Guest Room Reservations are Open at the Raleigh Marriott City Center!
Click here
to reserve your room at the North Carolina Workers' Compensation Conference group rate or call (888) 236-2427. (Note: Hold times may be lengthy).
Become an Exhibitor or Sponsor!
EXHIBITORS
$900 (includes registration for 2 representatives)
SPONSORS
$1,000 Gold sponsorship (includes 1 complimentary registration)
$500 Silver sponsorship
Questions?
For more information on the 27th Annual North Carolina Workers' Compensation Educational
Conference, please contact the International Workers' Compensation Foundation at
IWCF@bellsouth.net or (386) 677-0041.
Myra L. Griffin Confirmed by General Assembly to Serve a Second Term as a Commissioner
The General Assembly has confirmed Governor Roy Cooper’s appointment of Myra L. Griffin to serve a second term as a Commissioner on the North Carolina Industrial Commission. Griffin’s second term began on July 1, 2022 and runs for a period of six years. Griffin continues to serve as Vice-Chair of the Commission.
Patrick S. Wooten Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Patrick S. Wooten as a Deputy Commissioner.
Wooten brings a wealth of workers’ compensation experience to the Industrial Commission, having served in the Workers’ Compensation Section of the North Carolina Department of Justice as a Special Deputy Attorney General since 2003.
Over the past nineteen years, Wooten has litigated hundreds of complex workers’ compensation cases before the Industrial Commission on behalf of numerous State agencies, departments, and institutions. He also has represented State entities seeking statutory workers’ compensation lien recovery from third-party cases in Superior Court. Wooten’s legal experience also includes substantial appellate work, including representing the State in workers’ compensation and criminal appeals at the North Carolina Court of Appeals and North Carolina Supreme Court.
Prior to joining the Department of Justice in 2003, Wooten worked as a Law Clerk and Research Assistant for North Carolina Supreme Court Justice G.K. Butterfield, Jr.
Wooten earned his undergraduate degree from the University of North Carolina at Chapel Hill and his J.D. from North Carolina Central University.
Wooten will be assigned to the Commission’s Raleigh Office.
Important Memo from Emily Baucom, Clerk of the Industrial Commission, to All Carriers, Third-Party Administrators, and Self-Insured Employers: Rule 11 NCAC 23A.0109(d) Requirement to Provide Commission with General Email Address for Service of Claim-Related Documents
Pursuant to Rule 11 NCAC 23A.0109(d), all carriers, third-party administrators, and self-insured employers are required to provide the Commission with an email address for service of claim-related documents in cases where the Commission does not have email contact information for a specific representative assigned to the claim. The Rule requires a general email address for receipt of letters and notices related to claims when the Commission has NOT been advised of a specific person handling the claim. Once the Commission has been advised of a specific representative assigned to the claim, correspondence regarding the claim will be sent directly to that person.
Please click here to access the Industrial Commission’s April 27, 2022 memo regarding this matter. The required email address may be provided in the space indicated on the memo, and the memo may then be returned to contactinfo@ic.nc.gov.
Amber May Joins Commission as General Counsel
The Industrial Commission is pleased to welcome Amber May as its new General Counsel. May has returned to the Industrial Commission after serving for eight years as Rules Review Commission Counsel at the North Carolina Office of Administrative Hearings. May previously worked in the Full Commission Section of the Industrial Commission as Law Clerk to former Chair Pamela Young. May earned her law degree from North Carolina Central University School of Law and her bachelor’s degree in Business Administration from Meredith College.
Michelle Denning Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Michelle Denning as a Deputy Commissioner.
Denning has worked in various capacities at the Industrial Commission and other State agencies that interact with the Commission for the past 16 years. Denning joined the Industrial Commission in 2006, serving for nine years in multiple roles including Full Commission Law Clerk, Legal Counsel to the Chairman, and Special Deputy Commissioner. In 2015, Denning joined the N.C. Department of Justice as an Assistant Attorney General, where she represented the Industrial Commission in noninsured cases and penalty enforcement matters and later represented the N.C. Department of Public Safety (DPS) in workers’ compensation litigation. In 2018, Denning moved to DPS as Assistant General Counsel where she managed workers’ compensation cases on behalf of the agency. In 2019, Denning returned to the Industrial Commission as General Counsel.
Denning earned her undergraduate degree from Meredith College and her J.D. from Regent University School of Law. She also holds a North Carolina Dispute Resolution Commission mediation certification (inactive status).
Denning will hear noninsured cases throughout the State.
Anne R. Harris Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Anne R. Harris as a Deputy Commissioner.
Harris brings extensive relevant experience to the Commission, having represented North Carolina individuals in workers' compensation claims for twenty-nine years and having over six years of legal experience in the areas of elder law and estate planning.
Harris earned her undergraduate degree from Emory & Henry College, her J.D. from Wake Forest University School of Law, and her L.L.M. in Elder Law from Stetson University College of Law. While practicing law, Harris was a North Carolina Dispute Resolution Commission certified mediator. She also was certified as a specialist in the area of workers' compensation law by the North Carolina State Bar.
Harris will hear cases primarily in the Triad region of North Carolina.
Myra L. Griffin Reappointed to the Full Commission
Governor Roy Cooper has reappointed Myra L. Griffin to serve a second six-year term as a Commissioner on the North Carolina Industrial Commission beginning July 1, 2022, subject to confirmation by the North Carolina General Assembly.
Griffin, who was designated Vice-Chair of the Commission by Governor Cooper in February of 2019, has dedicated her legal career to the work of the Commission. Since joining the Commission in 1998, she has served in various important capacities and has made innumerable contributions. Her Commission experience includes both litigation (while serving as Assistant Attorney General assigned to the Commission) and quasi-judicial work (while serving in the Executive Secretary’s Office, Deputy Commissioner Section, and Full Commission Section).
During her first term as a Commissioner, Griffin not only has undertaken the important adjudicative and policy-setting duties of the Full Commission, but also has represented the Commission in other meaningful ways. She is a Commission liaison to the Workers’ Compensation Section Council of the North Carolina Bar Association, as well as a Commission representative on the North Carolina Advisory Committee of the Workers’ Compensation Research Institute. Griffin also has spearheaded the planning and organization of the Commission’s annual Educational Conference since 2020, ensuring its overwhelming success despite the many challenges posed by the pandemic.
Griffin received her B.A. degree in Political Science from the University of North Carolina at Chapel Hill
and her J.D. degree, cum laude, from North Carolina Central University School of Law.
Deputy Commissioner John C. Schafer to Retire After Serving as Dispute Resolution Coordinator since 1997; Chief Deputy Commissioner Tammy Nance to Serve as Acting Dispute Resolution Coordinator
After nearly 25 years as Dispute Resolution Coordinator, Deputy Commissioner John C. Schafer will retire from the Industrial Commission as of February 1, 2022. Schafer’s contributions to the Commission’s Mediation Section are numerous and invaluable, and the Commission greatly appreciates his dedicated service.
Under Schafer’s leadership, the Industrial Commission’s mediation program underwent a series of changes that have helped the Commission to more efficiently administer litigated cases in a way that benefits the parties. Schafer was instrumental in the adoption of Commission mediation rule revisions that helped eliminate unnecessary delays in the mediation process, and he implemented changes to ensure the expeditious setting of cases not resolved at mediation. During Schafer’s tenure, mediation settlement rates for North Carolina workers’ compensation cases have been consistently higher than those in comparable mediation programs.
Schafer is a recipient of the North Carolina Bar Association’s Peace Award, which honors a person who has made a special contribution or commitment to the peaceful resolution of disputes. In addition to his many years of service to the Industrial Commission, Schafer currently serves as an Ex-Officio member of the North Carolina Dispute Resolution Commission. He is a past Chair of the North Carolina Bar Association Dispute Resolution Section and a past Co-Chair of the Alternative Dispute Resolution Book Committee.
Schafer is a certified mediator (currently inactive) who received his undergraduate degree from the University of Notre Dame and his law degree from the Wake Forest University School of Law. Following his retirement from the Industrial Commission, and a few months of travel and family visits, Schafer will embark on a new career path as a private mediator.
While Schafer will be greatly missed, the Industrial Commission is pleased to announce that Chief Deputy Commissioner
Tammy Nance will begin serving as the Commission’s Acting Dispute Resolution Coordinator effective February 1, 2022.
Nance has a keen understanding of the Commission’s mediation program and the important role it plays in the workers’
compensation system, having served as a certified mediator while practicing law in the private sector.
Brittany Brown Walton Joins Commission as Director of Claims Administration
The Industrial Commission is pleased to welcome Brittany Brown Walton as the new Director of Claims Administration. Brown Walton brings significant workers’ compensation experience to the Commission, having served as an Assistant Attorney General in the Workers’ Compensation Section of the North Carolina Department of Justice since 2014. She has litigated complex workers’ compensation matters and represented State agencies in criminal and civil cases before the North Carolina Court of Appeals.
Brown Walton earned her bachelor’s degree in Political Science with a minor in Spanish from the
University of North Carolina at Greensboro. She earned her law degree from the North Carolina Central
University School of Law, where she served as a Senior Editor on the North Carolina Central University
Law Review.
David Mark Hullender and Thomas H. Perlungher Reappointed to Second Terms as Deputy Commissioners
The Industrial Commission is pleased to announce the reappointment of David Mark Hullender and Thomas H. Perlungher to serve second terms as Deputy Commissioners beginning February 1, 2022.
Hullender will continue his service in the Commission’s Charlotte regional office. Prior to joining the Commission in 2015 as a Deputy Commissioner, Hullender was in private practice for 25 years and served on the North Carolina Indigent Defense Services Commission. Hullender earned his undergraduate degree from the University of North Carolina at Chapel Hill and his J.D. from North Carolina Central University Law School, graduating magna cum laude. He also holds an LL.M in Taxation from the University of Florida School of Law.
Perlungher will continue his service in the Commission’s Raleigh office. Perlungher served the Commission as a Law Clerk
for the Full Commission before being appointed as a Deputy Commissioner in 2015. Prior to joining the Commission, Perlungher
was a Hearing Officer at the North Carolina Division of Employment Security and an Assistant District Attorney in North
Carolina's 8th District, where he prosecuted cases in Wayne, Lenoir, and Greene counties. He also practiced real estate
law in Massachusetts. Perlungher is a Phi Beta Kappa graduate of the University of Vermont, and he earned his J.D. from
Wake Forest University School of Law.
Revised Deputy Commissioner and Full Commission Hearing Procedures During January and February 2022 Due to COVID-19; Resumption of In-Person Deputy Commissioner and Full Commission Hearings effective March 1, 2022
Due to the recent surge in COVID-19 cases and in the interest of public health and safety, the Commission has revised its hearing procedures for January and February of 2022. The planned resumption of in-person hearings has been postponed until March 1, 2022.
January 2022 Deputy Commissioner Hearings
During the month of January 2022, all Deputy Commissioner hearings that were docketed to be heard in-person will be conducted via Webex videoconference, unless otherwise ordered by the presiding Deputy Commissioner. The presiding Deputy Commissioner will contact the parties regarding the scheduling of the videoconference hearing. A party may file a motion with the presiding Deputy Commissioner for an in-person hearing based upon good cause.
January 2022 Full Commission Hearings
During the month of January 2022, all Full Commission hearings that were docketed to be heard in-person will be conducted via videoconference. The Full Commission Panel Chair will contact the parties regarding the scheduling of the videoconference hearing.
February 2022 Deputy Commissioner Hearings
During the month of February 2022, all Deputy Commissioner hearings will be conducted via videoconference, unless otherwise ordered by the presiding Deputy Commissioner. A party may file a motion with the presiding Deputy Commissioner for an in-person hearing based upon good cause.
February 2022 Full Commission Hearings
During the month of February 2022, all Full Commission hearings will be conducted via videoconference.
March 2022 Deputy Commissioner Hearings
As of March 1, 2022, all Deputy Commissioner hearings will be conducted in-person, unless otherwise ordered by the presiding Deputy Commissioner. A party may file a motion with the presiding Deputy Commissioner for a videoconference hearing based upon good cause.
March 2022 Full Commission Hearings
As of March 1, 2022, all Full Commission hearings will be conducted in-person, unless the parties consent to a videoconference hearing. To obtain a videoconference hearing by consent, the parties shall make the appropriate election on the revised Joint Certification Form that is required to be returned to the Commission following receipt of the transcript and Form 44. Should one party wish to appear remotely at an otherwise in-person hearing, that party may file a request with the Full Commission Panel Chair to appear via telephone.
Please Note: For in-person Deputy Commissioner hearings, the Commission will follow the COVID-19 safety protocols for the county courts where the hearing is held or the safety protocols of the building where the hearing is held, whichever are more restrictive, unless otherwise ordered by the presiding Deputy Commissioner. For information on a particular county, click here and then select the desired county. For in-person Full Commission hearings, the Commission will follow the COVID-19 safety protocols for Wake County courts, unless otherwise ordered by the Full Commission. For the current protocols, click here and then select the most recent Order/Memo regarding COVID-19 protocols.
Resumption of In-Person Deputy Commissioner and Full Commission Hearings effective January 1, 2022
Deputy Commissioner Hearings
As of January 1, 2022, Deputy Commissioner hearings will be conducted in-person, unless the presiding Deputy Commissioner grants a video conference hearing upon a showing of good cause as to why a remote hearing should be allowed.
For in-person Deputy Commissioner hearings, the Commission will follow the COVID-19 safety protocols for the county courts where the hearing is held or the safety protocols of the building where the hearing is held, whichever are more restrictive, unless otherwise ordered by the presiding Deputy Commissioner. For information on a particular county, click here and then select the desired county.
Full Commission Hearings
As of January 1, 2022, Full Commission hearings will be conducted in-person, unless the parties consent to a video conference hearing.
To obtain a video conference hearing by consent, the parties shall make the appropriate election on the revised Joint Certification Form that is required to be returned to the Commission following receipt of the transcript and Form 44.
If the parties were provided a Joint Certification Form that does not provide for electing a video conference hearing, the Commission will contact the parties to determine if the parties wish to elect a video conference hearing prior to scheduling.
Should one party wish to appear remotely at an otherwise in-person hearing, that party may file a request with the hearing panel to appear via telephone.
For in-person Full Commission hearings, the Commission will follow the COVID-19 safety protocols
for Wake County courts, unless otherwise ordered by the Full Commission. For the current protocols,
click here and then select the most recent Order/Memo
regarding COVID-19 protocols.
Revised Guidelines for In-Person Industrial Commission Hearings During COVID-19 Pandemic
The Industrial Commission has revised its in-person hearing guidelines to reflect the most recent guidance from the
Centers for Disease Control (CDC) and to clarify that the Commission will follow the safety protocols for the county
where the hearing is held or the building where the hearing is held, whichever are more restrictive, unless otherwise
ordered by the presiding Deputy Commissioner. The revised in-person hearing guidelines can be
found here.
26th Annual N.C. Workers' Compensation Educational Conference is
Going Virtual!
Watch Live-Streaming of Pre-Recorded Presentations Followed by Live Q&A Tuesday-Friday, October 5-8, 2021, or Watch Later on Demand! In addition to the opportunity to participate in the live-streamed virtual event and live Q&A, all registrants will have access to on-demand recordings for an additional five days (October 18, 2021, through October 22, 2021) upon completion of the conference.
Same Great Content! This year’s agenda includes: Panel presentations discussing maximizing post-injury earning capacity and return-to-work potential; Practical tips for handling cases and issues at the Deputy Commissioner level; Practical tips for successful appeals to the Full Commission; Panel discussion about non-pharmacological pain treatment options led by doctors and other health care providers.
Same CLE, CPE, Adjuster CE, SHRM, and Rehabilitation CEU Credits! Includes Technology, Ethics, and Substance Abuse/Mental Health CLE credits for attorneys and the opportunity for adjusters and Rehabilitation Professionals to obtain Ethics credits. Get all the professional credits you need for 2021 in one conference!
New, High-Quality Virtual Platform! Event technology by Blue Sky eLearn, the virtual provider used by the North Carolina Bar Association.
While we had hoped and planned to gather this October in person for our annual Educational Conference, we, like many other organizations, have had to pivot in response to the Delta surge in the U.S. Therefore, we have made the decision to move the 26th Annual N.C. Workers’ Compensation Educational Conference to an entirely virtual format.
Our conference will now take place on Tuesday-Friday, October 5-8, 2021. All presentations and panels that were scheduled to take place in person will still take place online, but an extra conference day has been added to optimize your virtual experience. Additionally, you will have the ability to watch all or part of the conference on-demand, at your convenience, for an additional five days after the conference ends (from October 18, 2021 through October 22, 2021). Note: Insurance adjusters may view all sessions but only can earn credits for the live-streamed sessions with live Q&A.
For additional details and to register with payment by check, download the conference brochure by clicking here.
To register online and pay by credit card, click here.
Attendee registration fees remain $325 per person paid on or after August 1.
Exhibitor fees are $500 for a virtual booth.
Gold Sponsorships are available for $1,000.
We hope you will attend the virtual conference to get all the same great content and all the same professional credits you would have received in person. If you previously signed up to attend, your registration will be automatically transferred to the virtual conference. If you would like a refund because of the change in format, however, please contact the International Workers' Compensation Foundation at IWCF@bellsouth.net. Also, if you registered for the in-person conference and made a hotel reservation, please remember to cancel your hotel reservation.
For more information on the 26th Annual North Carolina
Workers' Compensation Educational Conference, please contact the International Workers' Compensation
Foundation at IWCF@bellsouth.net.
Continuation of Current Deputy Commissioner and Full Commission Hearing Procedures Until Further Notice Due to COVID-19
Due to the surge in Delta variant cases of COVID-19 and in the interest of public health and safety, the Commission will continue its current Deputy Commissioner and Full Commission hearing procedures (as outlined below) until further notice. Please note that this announcement supersedes the previously-announced plan for resuming in-person hearings effective October 1, 2021.
Deputy Commissioner Hearings
Deputy Commissioners will continue to conduct hearings via Webex videoconference, unless the Deputy Commissioner grants an in-person hearing upon a showing of good cause as to why an in-person hearing should be allowed. If a party believes that a case is neither appropriate for a Webex hearing nor appropriate to be heard in-person at the present time, the party may file a motion to temporarily remove the case from the hearing docket with the presiding Deputy Commissioner.
Full Commission Hearings
The Full Commission will continue to conduct all hearings via videoconference.
Catherine Ittermann Appointed as Director of Employee Classification Section
The Industrial Commission is pleased to announce the appointment of Catherine Ittermann
as the Director of the Employee Classification Section. Ittermann brings significant relevant
experience to the position, having joined the Commission’s Fraud Division (now encompassed in
the Criminal Investigations & Employee Classification Division) in 2013 and having worked
both as an Investigative Assistant and an Investigative Specialist for the Commission. In
her Investigative Specialist role, which Ittermann performed up until her appointment as
Director of the Employee Classification Section, she helped investigate reports of employee
misclassification under the Employee Fair Classification Act and helped the Commission
coordinate with all relevant State agencies as mandated by the Act. Ittermann also has
worked with the Employee Classification Task Force to develop and enhance the Employee
Classification Application.
Jessica N. Holmes and Samuel A. Scudder Appointed to Serve
as Deputy Commissioners
The Industrial Commission is pleased to announce the appointments of Jessica N. Holmes and Samuel A. Scudder as Deputy Commissioners.
Having worked as a solo practitioner and as counsel to various organizations, Holmes brings a diverse legal background to the Commission, with experience in the areas of labor and employment law. Holmes previously served two terms on the Wake County Board of Commissioners as a County Commissioner At-Large, and she was elected twice to lead the Board as Chair. As a Commissioner, Holmes also served on the Board of the North Carolina Association of County Commissioners. Holmes earned her bachelor’s and law degrees from the University of North Carolina at Chapel Hill. In 2018, she received the Distinguished Young Alumni Award from the UNC General Alumni Association, and in 2019, she received the Outstanding Recent Graduate Award from the UNC Law Alumni Association. Holmes will be assigned to the Commission’s Raleigh office.
Scudder brings extensive relevant experience to the Commission, having represented
individuals in North Carolina for over 30 years in the areas of workers’ compensation
and personal injury. He is a North Carolina State Bar Board Certified Specialist in
workers’ compensation law and a North Carolina Certified Mediator. Prior to practicing
law, Scudder worked as a pharmacist in Wake County. He earned his law degree from Campbell
University School of Law. Scudder will be assigned to the Commission’s Raleigh office
but will hear noninsured cases throughout the State.
Resumption of In-Person Deputy Commissioner and Full Commission Hearings effective October 1, 2021
Deputy Commissioner Hearings
As of October 1, 2021, Deputy Commissioner hearings will be conducted in-person, unless the presiding Deputy Commissioner grants a video conference hearing upon a showing of good cause as to why a remote hearing should be allowed.
For in-person Deputy Commissioner hearings, the Commission will follow the COVID-19 safety protocols for the county courts where the hearing is held or the safety protocols of the building where the hearing is held, whichever are more restrictive, unless otherwise ordered by the presiding Deputy Commissioner. For information on a particular county, click here and then select the desired county.
Full Commission Hearings
As of October 1, 2021, Full Commission hearings will be conducted in-person, unless the parties consent to a video conference hearing.
To obtain a video conference hearing by consent, the parties shall make the appropriate election on the revised Joint Certification Form that is required to be returned to the Commission following receipt of the transcript and Form 44.
Should one party wish to appear remotely at an otherwise in-person hearing, that party may file a request with the hearing panel to appear via telephone.
For in-person Full Commission hearings, the Commission will follow the COVID-19 safety protocols
for Wake County courts, unless otherwise ordered by the Full Commission. For the current protocols,
click here and then select the most recent Order/Memo
regarding COVID-19 protocols.
Robert Harris, Lori Gaines, and Jay Tillman Reappointed to Second Terms as Deputy Commissioners
The Industrial Commission is pleased to announce the reappointment of Robert J. Harris, Lori A. Gaines, and Jesse M. “Jay” Tillman to serve second terms as Deputy Commissioners.
Harris will continue to serve as Senior Deputy Commissioner in the Commission’s Raleigh office. He joined the Commission in 2003, first serving as a Special Deputy Commissioner and then as a Deputy Commissioner. Prior to the Commission, Harris was in private practice, concentrating in employment law. He also worked as a newspaper reporter. Harris received his undergraduate degree from Yale University and his law degree from the University of North Carolina School of Law.
Gaines will continue her service in the Commission’s Wilmington regional office. Prior to joining the Commission in 2015 as a Deputy Commissioner, Gaines had over fifteen years of legal experience in workers' compensation, criminal defense, and family law matters. She earned her undergraduate degree from the University of North Carolina at Wilmington and her law degree from the Campbell University School of Law.
Tillman will continue his service in the Commission’s Charlotte regional office. Prior to joining
the Commission in 2015 as a Deputy Commissioner, Tillman practiced law in the areas of personal injury,
products liability, and real property liability. He earned his undergraduate degree from the
University of North Carolina at Chapel Hill and his law degree from the Campbell University School of Law.
Adrian A. Phillips Confirmed by General Assembly to Serve as a Commissioner
The General Assembly has confirmed Governor Roy Cooper’s appointment of Adrian A. Phillips
to serve as a Commissioner on the North Carolina Industrial Commission. Phillips will begin
serving her term upon taking her oath of office. The Commission thanks Christopher C. Loutit
for his service as a Commissioner.
Mike Mackay Joins Commission as Director of Claims Administration
The Industrial Commission is pleased to welcome Mike Mackay as the new Director of Claims
Administration. Mackay is a North Carolina State Bar Board Certified Specialist in workers’
compensation law and brings significant private sector management experience to the
Commission. As the managing attorney of the workers’ compensation department at the
Law Offices of James Scott Farrin, Mackay led a team of attorneys and other employees
for nearly twenty years. Prior to that, he represented defendants in workers’ compensation
and personal injury cases at the law firm of Cranfill Sumner. Before law school, Mackay
worked as a reporter for the Winston-Salem Journal. He earned both his law degree and
his bachelor’s degree in Journalism and Political Science from the University of
North Carolina at Chapel Hill.
Wanda Blanche Taylor Confirmed by General Assembly to Serve as a Commissioner
The General Assembly has confirmed Governor Roy Cooper’s appointment of Wanda Blanche Taylor
to serve as a Commissioner on the North Carolina Industrial Commission. Taylor will begin
serving her term upon taking her oath of office. The Commission thanks Charlton L. Allen
for his service as a Commissioner and as prior Chair of the Commission.
Revised Industrial Commission Guidelines for Face Coverings at In-Person Deputy Commissioner Hearings
On May 14, 2021, Chief Justice Newby modified his May 10, 2021 Order by eliminating Emergency
Directive 21 and leaving decisions related to face coverings in court facilities to the
discretion of local court officials. In response to and consistent with the Chief
Justice’s May 14, 2021 Order, the Commission will adhere to the face coverings policy
of the local facility where the Deputy Commissioner hearing is held unless otherwise
ordered by the presiding Deputy Commissioner.
Wes Saunders Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Wes Saunders
as a Deputy Commissioner. Saunders has significant workers’ compensation
litigation experience, having defended State agencies for over five years in
hundreds of workers’ compensation cases while serving as an Assistant Attorney
General at the North Carolina Department of Justice. He also has appellate court
experience, representing the State in over a dozen cases before the North
Carolina Court of Appeals and Supreme Court. Saunders earned his bachelor’s
degree from the University of North Carolina at Chapel Hill and his law degree
from Campbell University School of Law, where he served as Student Bar
Association President. Saunders will be hearing cases assigned to the
Commission’s Raleigh office.
Celeste M. Harris Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Celeste M. Harris
as a Deputy Commissioner. Harris brings extensive relevant experience to the Commission,
having represented individuals for 30 years in the areas of workers’ compensation,
personal injury, and social security disability law. She is a North Carolina State
Bar Board Certified Specialist in workers’ compensation law and a North Carolina
Certified Mediator. Prior to practicing law, Harris worked as a registered nurse
in the surgical ICU for a Veteran’s Administration hospital in Missouri, first
as a staff nurse and later as head nurse. She earned her law degree from Saint
Louis University School of Law, attending Wake Forest University School of Law
during her third-year. Harris will be hearing cases assigned to the
Winston-Salem regional office.
Notice to All Carriers, Third-Party Administrators, and Self-Insured Employers: New Requirement to Provide Commission with Email Address for Claim-Related Documents
Effective March 1, 2021, all carriers, third-party administrators, and self-insured
employers are required to provide the Commission with an email address for receipt of
claim-related documents. The designated email address shall be provided to the Commission
at contactinfo@ic.nc.gov. The email address provided will be used in cases where the
Commission does not have an individual email address for the claims representative
assigned to the claim. (See Rule 11 NCAC 23A .0109(d)). Providing an email address
is mandatory and will insure timely receipt of claim-related documents.
Wanda Blanche Taylor and Adrian A. Phillips Appointed to the Industrial Commission
Governor Roy Cooper has appointed Wanda Blanche Taylor and Adrian A. Phillips to serve as Commissioners on the North Carolina Industrial Commission for six-year terms, subject to confirmation by the North Carolina General Assembly.
Taylor is a native of Plymouth, North Carolina. She is a Fellow of the College of Workers’ Compensation Lawyers and received her Juris Doctor from the University of North Carolina at Chapel Hill School of Law and her undergraduate degree at Duke University. Currently, Taylor is the Director of Litigation/Counsel at Key Risk Insurance (a Berkley Company), and she also serves as a member of the North Carolina Board of Certified Public Accountant Examiners. Previously, Taylor served as a Deputy Commissioner at the Industrial Commission for twenty years, including as Chief Deputy Commissioner. She has also represented both employees and employers/insurers in private practice.
Phillips is a native of Burlington, North Carolina. She has served as a Deputy
Commissioner at the Industrial Commission since 2002. Before joining the Commission,
Phillips worked as an Assistant Attorney General in the Tort Claims Section of the
North Carolina Department of Justice where she was assigned to the Industrial
Commission as Agency Counsel and Fraud Prosecutor for the Commission's Fraud
Investigation Section. Prior to that, Phillips prosecuted Medicaid fraud cases
for the North Carolina Department of Justice and served as an Assistant District
Attorney in former prosecutorial District 9A (Caswell and Person Counties).
Phillips received her Juris Doctor from North Carolina Central University School
of Law and her undergraduate degree at Bennett College.
Current Commission Policies Regarding Mediation, Commission Hearings, and Written Affirmation Without Notarization
Consistent with the January 14, 2021 Order of the Chief Justice of the Supreme Court of North Carolina, the Industrial Commission has reverted to its mediation and hearing policies that existed prior to the December 14, 2020 Order of the Chief Justice of the Supreme Court of North Carolina.
Currently, all Industrial Commission mediations shall be conducted remotely, unless all parties and persons required to attend the mediation, including the mediator, agree to conduct the mediation in person, or unless the Industrial Commission orders that the mediation be conducted in person.
Additionally, all Deputy Commissioner hearings shall be conducted remotely via Webex videoconference, unless the Deputy Commissioner grants an in-person hearing upon a showing of good cause as to why an in-person hearing should be allowed. If a party believes that a case is neither appropriate for a Webex hearing nor appropriate to be heard in person at the present time, the party may file a motion to temporarily remove the case from the hearing docket with the presiding Deputy Commissioner.
Full Commission hearings shall continue to be conducted via Microsoft Teams videoconference.
The Commission will continue to accept written affirmations without notarization, so
long as the subscriber affirms the truth of the matter to be verified in substantially
the same language as that allowed by Emergency Directive 5
(“I (we) affirm, under the penalties for perjury, that the
foregoing representation(s) is (are) true. (Signed)____________________.”).
Deputy Commissioner Hearings During the Pandemic: Presentations Discussing Webex and Other Practical Hearing Tips
To help parties prepare for hearings during the pandemic, the Industrial Commission has created two short video tutorials featuring Deputy Commissioner Kevin V. Howell to help answer some common questions about Webex hearings. These video tutorials were excerpted from the October 22, 2020 Webinar on Deputy Commissioner Webex Hearings hosted by the Workers’ Compensation Section of the North Carolina Bar Association. Links to each of these two video tutorials, as well as a link to the full October 22, 2020 webinar and a link to Deputy Commissioner Howell’s presentation on remote hearings during the October 14, 2020 Deputy Commissioner Section Update at the 25th Annual North Carolina Workers’ Compensation Educational Conference, can be found below.
How to Join a Webex Hearing: (Excerpted from North Carolina Bar Association Webinar on Deputy Commissioner Webex Hearings)
Click here to view video.
How to Change Your Audio Connection for a Webex Hearing: (Excerpted from
North Carolina Bar Association Webinar on Deputy Commissioner Webex Hearings)
Click here to view video.
October 22, 2020 Webinar on Deputy Commissioner Webex Hearings
Click here to view video.
Deputy Commissioner Howell’s presentation on remote hearings during the October 14, 2020
Deputy Commissioner Section Update at the 25th Annual North Carolina Workers’ Compensation
Educational Conference
Click here to view video.
Larry D. Hall Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Larry D. Hall
as a Deputy Commissioner. Hall comes to the Commission with a long history of distinguished
public service, most recently serving as the Secretary of the North Carolina Department
of Military and Veterans Affairs. Previously, Hall represented Durham County for ten
years in the North Carolina House of Representatives, where he served as the House Minority
Leader during his final four years. Hall maintained a private law practice in Durham
prior to and during his terms in the General Assembly, with a focus on business,
employment, and personal injury law. Hall received his bachelor’s degree from Johnson
C. Smith University before being commissioned as an officer in the United States Marine
Corps. He continued his military service in the Marine Reserves while earning his J.D.
from the University of North Carolina School of Law. Hall will be hearing cases
assigned to the Commission’s Raleigh Office.
All In-Person Mediations Must be Scheduled or Rescheduled for a Date on or after January 14, 2021
Consistent with Emergency Directive 1 of the December 14, 2020 Order of the
Chief Justice of the Supreme Court of North Carolina, and pursuant to the
Commission’s authority under 11 NCAC 23E .0302(b), the mediation attendance
requirements and provisions of 11 NCAC 23G .0104 have been varied to bring
Industrial Commission mediations in conformity with Emergency Directive
1. Accordingly, all in-person mediations must be scheduled or rescheduled
for a date on or after January 14, 2021.
Postponement of Industrial Commission In-Person Hearings for 30 Days Beginning Monday December 14, 2020
Consistent with Chief Justice Beasley’s December 11, 2020 announcement that
North Carolina Courts will postpone non-essential, in-person court proceedings
for 30 days beginning Monday December 14, 2020, the Industrial Commission has
postponed its in-person hearings during this same time period. Parties who
were scheduled to appear for an in-person hearing may be contacted by the
Deputy Commissioner assigned to the case to explore the possibility of having
the case heard remotely via Webex, if appropriate.
Tammy R. Nance Designated Chief Deputy Commissioner
North Carolina Industrial Commission Chair Philip A. Baddour, III has designated Tammy R. Nance as Chief Deputy Commissioner. Nance has served as Acting Chief Deputy Commissioner for the past several months. She will continue to serve as the Director of Claims Administration until a new Director is hired.
Nance brings a wealth of relevant experience to the Deputy Commissioner Section.
Previously, she served as a Deputy Commissioner from 1987 to 1995 before entering
private practice, where she represented both employers and employees in workers’
compensation claims over the course of 15 years. In 2011, she returned to the Commission
to serve on the Full Commission until 2018. In 2019, she began serving as a Deputy
Commissioner assigned to head the Claims Administration Section. Chief Deputy
Commissioner Nance is a Fellow of the College of Workers’ Compensation Lawyers
and a certified mediator.
Written Affirmation Without Notarization Allowed in all Industrial Commission Filings
Under emergency Rule 11 NCAC 23E .0302, during any period that an emergency Order or directive of the Chief Justice of the North Carolina Supreme Court authorizes the taking of oaths and verifications outside the presence of a notary public, the Industrial Commission may accept any pleading, motion, petition, supporting affidavit, or other document with an affirmation or representation not attested to before a notary public so long as the subscriber affirms the truth of the matter to be verified by an affirmation or representation in substantially the same language as that allowed by the emergency Order or directive of the Chief Justice of the North Carolina Supreme Court. The Commission’s current policy, which will continue until further notice, is to allow such affirmations and representations to be submitted in all Industrial Commission cases.
Based on Emergency Directive 5 in the Chief Justice’s most recent emergency Order,
the following language should be used by parties practicing before the Industrial
Commission who are submitting an affirmation or representation not attested to before
a notary public in an Industrial Commission filing: “I (we) affirm, under the
penalties for perjury, that the foregoing representation(s) is
(are) true. (Signed)_____________________.”
Webinar on Deputy Commissioner Webex Hearings:
Thursday, October 22, 2020 at 4 p.m.
The Industrial Commission’s Deputy Commissioner Kevin V. Howell will be presenting practical tips and considerations for Deputy Commissioner Webex hearings at a free webinar open to all on Thursday, October 22, 2020 at 4 p.m.
The webinar will take place via Zoom, and pre-registration for the event is required. While registration is being facilitated by the Workers’ Compensation Section of the North Carolina Bar Association, you do not have to be a member of the Bar Association to register for the webinar and there is no cost for registration. To register, click here.
Following Deputy Commissioner Howell’s presentation, participants will be able to ask him questions about Webex hearings during a live Q&A.
Tiffany Mack Smith Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Tiffany Mack Smith
as a Deputy Commissioner. Ms. Smith began practicing law in 2011 and has focused her practice
primarily in the areas of workers’ compensation and social security disability, most
recently at the law firm of Wallace & Graham in Salisbury, NC. Previously, she
practiced at the law firm of Ferguson Chambers & Sumter in Charlotte, NC. Ms.
Smith earned her J.D. from North Carolina Central University School of Law, where
she graduated cum laude and was the Executive Editor of the North Carolina Central
Law Review. Ms. Smith will be hearing cases assigned to the Charlotte Regional Office.
Notice of Meeting
The Commission will meet at 2:00 p.m. on Thursday, September 24, 2020. Out of an
abundance of caution and to address protective measures to help prevent the spread
of COVID-19, this meeting will be held via teleconference only instead of being
held in person. The teleconference phone number is 1-888-363-4735 and the access
code is 4465746. Please click here for
the meeting notice and agenda.
In Memoriam: Chief Deputy Commissioner Melanie Wade Goodwin
The Industrial Commission mourns the loss of our beloved colleague and friend Chief Deputy Commissioner Melanie Wade Goodwin. Chief Deputy Commissioner Wade Goodwin served the Commission since 2011, first as a Deputy Commissioner and then as Chief Deputy Commissioner. Prior to joining the Commission, she served in the North Carolina House of Representatives where she represented the people of Richmond and Montgomery Counties for three terms.
Chief Deputy Commissioner Wade Goodwin earned her B.A. in English from the University of North Carolina at Chapel Hill and her J.D. from Campbell University School of Law. After completing her undergraduate studies and before law school, she worked with the North Carolina Council for Women as an advocate for women and families. Upon graduating from law school, Chief Deputy Commissioner Wade Goodwin opened a law practice focusing on family law.
The Industrial Commission is grateful to Chief Deputy Commissioner Wade Goodwin for
the many contributions she made to the Commission and for her dedicated service to the
citizens of North Carolina.
25th Annual N.C. Workers' Compensation Virtual Educational Conference
Will Be Held on Tuesday-Friday, October 13-16, 2020
Registration is now open for the 25th Annual North Carolina Workers' Compensation Educational Conference, which will be held this year as a purely virtual event on Tuesday-Friday, October 13-16, 2020. This conference is presented by the North Carolina Industrial Commission, in association with the International Workers' Compensation Foundation.
This year’s agenda includes a discussion of the 2011 legislative changes and extended compensation claims under G.S. 97-29(c), as well as several presentations specifically related to the pandemic (including suitable employment and return-to-work issues in 2020, work-related injuries and telecommuting, and COVID-19 compensability). A demonstration of the Commission’s new case management system will also be offered.
This year’s conference includes a virtual exhibit hall that attendees can visit during program breaks.
The conference provides valuable information of particular importance for employers, insurance adjusters, self-insurers, third-party administrators, safety and human resource managers, plaintiff and defense attorneys, health care providers, mediators, medical and rehabilitation providers, and anyone with a professional interest in the North Carolina workers' compensation system. Application is pending for continuing education credits for attorneys (CLE); paralegals (CPE); carriers (CE credit); human resources professionals (SHRM); and rehabilitation providers (CEU for CRC, CDMS, and CCM). COHNs, CRRNs, and any other discipline will be provided, upon request, with a certificate of completion for credit submission.
For additional details and to register with payment by check, download the conference brochure by clicking here:
To register online and pay by credit card, click here:
For more information on the conference, please contact Jeanne Bush or Eric Oxfeld at the International Workers' Compensation
Foundation office by telephone at (386) 677-0041, fax at (386) 677-0155, or e-mail at IWCF@bellsouth.net.
Temporary Mediation Rule (11 NCAC 23G .0104) Approved by Rules Review Commission
On August 20, 2020, the Rules Review Commission approved the temporary mediation rule that was adopted by the
Industrial Commission on August 6, 2020, with technical corrections. Please
click here to view the approved
temporary mediation rule, which will go into effect on August 28, 2020.
Notice of Meeting
The Commission will meet at 2:00 p.m. on Thursday, August 6, 2020. Out of an
abundance of caution and to address protective measures to help prevent the spread
of COVID-19, this meeting will be held via teleconference only instead of being
held in person. The teleconference phone number is 1-888-363-4735 and the access
code is 4465746. Please click here for
the meeting notice and agenda.
COVID-19 Response: Revised Industrial Commission In-Person Deputy Commissioner Hearing Guidelines for Workers’ Compensation and Tort Claims
In response to Chief Justice Beasley’s July 16, 2020 Order and Emergency Directive
21 related to face coverings in courthouses, the Industrial Commission has
revised its in-person hearing guidelines. A summary of the current guidelines can be found here:
Guidelines for In-Person Hearings.
COVID-19 Response: Summary of Industrial Commission In-Person Deputy Commissioner Hearing Guidelines for Workers’ Compensation and Tort Claims
The Industrial Commission is holding in-person hearings in limited cases when ordered by
the presiding Deputy Commissioner. A summary of the guidelines for Deputy Commissioner
hearings held in-person during the COVID-19 pandemic can be found here:
Guidelines for In-Person Hearings.
COVID-19 Response: August 2020 Deputy Commissioner Docket Update
Deputy Commissioners will set cases continued from the June 2020 docket in August 2020 as part of
the Commission’s efforts to avoid any backlog and efficiently handle the cases that were continued
due to the COVID-19 pandemic. Deputy Commissioners will also attempt to set continuances from
the July 2020 docket in August 2020. The cases previously listed on the August 2020 Final
Master Trial Docket will be assigned to a later docket.
June 8, 2020 Update: Industrial Commission Mediation Policies as of June 16, 2020
The Industrial Commission has adopted an emergency amendment to Rule 11 NCAC 23G .0104, which has been approved by the Codifier of Rules and which is effective as of June 16, 2020. A copy of the emergency rule amendment can be found here: 11 NCAC 23G .0104- Emergency Rule Amendment Eff. 6-16-20.
Under this emergency rule amendment, all Industrial Commission mediations shall be conducted remotely, unless all parties and persons required to attend the mediation, including the mediator, agree to conduct the mediation in person, or unless the Industrial Commission orders that the mediation shall be conducted in person following a motion filed with John Schafer, the Dispute Resolution Coordinator, pursuant to Rule 11 NCAC 23G .0104(b) and Rule 11 NCAC 23G .0111.
This emergency rule amendment was adopted by the Industrial Commission after the North Carolina Supreme Court entered an Order on June 3, 2020 amending Rule 4(a)(2) of the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions, making attendance via remote technology the default method of attendance in Superior Court case mediations. Pursuant to G.S. §97-80(c), the Industrial Commission’s mediation rules must be substantially similar to the mediation rules approved by the Supreme Court for use in the Superior Court division. The amendment satisfies the statutory requirement.
The emergency rule amendment will proceed through both temporary and permanent rulemaking
under the Administrative Procedure Act over the course of the next 6-9 months.
Notice of Proposed Temporary Rulemaking and Public Hearing- Proposed Amendment to Rule 11 NCAC 23G .0104
The Industrial Commission has proposed temporary rulemaking to adopt an amendment to Rule 11 NCAC 23G .0104.
A copy of the text of the proposed temporary rule amendment can be found here: 11 NCAC 23G .0104- Proposed Temporary Rule Amendment.
WRITTEN COMMENTS
The Industrial Commission will accept written comments on the proposed temporary rule amendment from June 15, 2020 through July 8, 2020. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator, via email at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh NC 27699-1240. Please note that emailing your written comments to Gina Cammarano is the preferred method at this time due to Industrial Commission staff working remotely, to the greatest extent possible, during the COVID-19 pandemic.
PUBLIC HEARING
The Industrial Commission will hold a public hearing on this proposed temporary rule
amendment on Thursday June 25, 2020 at 2 p.m. Out of an abundance of caution and to
address protective measures to help prevent the spread of COVID-19, the public hearing
will be held via teleconference only instead of being held in person.
The teleconference phone number is: 1-888-363-4735. The access code is: 4465746.
May 30, 2020 Update: Industrial Commission Mediation Policies as of June 1, 2020
Consistent with current directives and recommendations as detailed below, as of June 1, 2020, mediations in Industrial Commission cases may be conducted either in-person or remotely by consent, though mediators have been advised by the Dispute Resolution Commission that mediations shall, to the fullest extent possible, be conducted remotely.
In Industrial Commission cases where all parties have not consented to a remote mediation, any
party may have the physical attendance requirement excused or modified by order of the
Commission, pursuant to Rule 11 NCAC 23G .0104(b). The party seeking to have the physical
attendance requirement excused or modified should file a motion pursuant to
Rule 11 NCAC 23G .0104(b) and Rule 11 NCAC 23G .0111 and should address the motion
to the Commission’s Dispute Resolution Coordinator, John Schafer.
Current Directives and Recommendations
Chief Justice Beasley’s April 2, 2020 Order directed that all superior and district court proceedings be scheduled or rescheduled for a date no sooner than June 1, 2020, unless the proceeding is conducted remotely or unless another exception applies. The Dispute Resolution Commission thereafter advised that through May 31, 2020, mediations may be conducted remotely by consent; otherwise, the mediation should be scheduled or rescheduled for on or after June 1, 2020.
On May 14, 2020, the Dispute Resolution Commission transmitted a memo to all certified mediators
concerning the safety of mediators and other participants and the recommended procedures
to follow as of June 1, 2020. The memo advised that as of June 1, 2020, mediations may be
conducted in-person or remotely by consent. The memo further stated, “Mediations shall, to
the fullest extent possible, be conducted remotely via video or teleconference.” Additionally,
the memo stated, “Any mediation conducted in person shall be done in strict compliance
with all executive orders and social distancing requirements. All parties to the
mediation shall use appropriate social distancing practices and safety procedures.”
Deputy Commissioner Hearings (Non-Medical-Motion Hearings) to Resume in June 2020 via Webex
The Commission is pleased to announce that Deputy Commissioners will resume hearing all types of workers’ compensation cases in June 2020 through the use of Webex technology. This policy is consistent with Chief Justice Cheri Beasley’s May 21, 2020 Order directing judicial officials to “make use of remote hearing technology to the greatest extent possible to limit in-person appearances” and will help prevent a future backlog of Deputy Commissioner cases.
June 2020 Docket
For cases on the June 2020 docket where both parties are represented, the parties may jointly request a Webex hearing by emailing the presiding Deputy Commissioner, and the Deputy Commissioner will make every effort to proceed with the Webex hearing in June. If the Deputy Commissioner is unable to hold the Webex hearing in June, the case will be set for a Webex hearing in July or as soon as possible thereafter.
Any case scheduled for June that is not heard via Webex will be continued to be reset on a future docket. A Continuance Order will not be filed in each case, but the parties will be notified via email or U.S. mail (if email is not available) that the case has been continued. There will be no in-person hearings held in June unless otherwise ordered by the Commission.
Note: The above applies to regular workers’ compensation hearings and NOT medical motion hearings arising under G.S. §97-25(f). For information regarding medical motion hearings, please see the prior announcement.
July 2020 and Future Dockets
Beginning in July of 2020 and continuing until further notice, the Commission plans to docket all Deputy Commissioner hearings as Webex hearings. If a party believes that a hearing should be held in-person while the State court system is under COVID-19 emergency directives, the party may file a motion for an in-person hearing with the presiding Deputy Commissioner. The moving party must show good cause as to why an in-person hearing should be allowed in light of the emergency directive to “make use of remote hearing technology to the greatest extent possible to limit in-person appearances.”
If a party believes that a case is neither appropriate for a Webex hearing nor appropriate to be heard in-person at the present time, the party may file a motion to temporarily remove the case from the hearing docket with the presiding Deputy Commissioner. Consistent with existing Commission procedure, if the motion is granted, the case will be removed for an indefinite period of time, and it will not be necessary to file a new Form 33 to return the case to the hearing docket. Upon notification to the Clerk’s Office by the party requesting the temporary removal, the case will be set on the next available hearing docket.
Webex Hearing Requirements
The Commission will need an email address and phone number for each person who will participate in the Webex hearing, including each witness who may be called to testify at the hearing. Each Webex hearing participant will be sent a Webex hearing invitation via email. The Webex hearing can be joined by clicking on a link in the email.
The only technological requirements for participation in a Webex hearing are an email address, a computer or other device (such as a tablet or smart phone) equipped with a camera, and an internet connection. A free Webex application is available to install on computers and other devices. The Webex application is not required to participate in the Webex hearing from a laptop or other computer, however the application is required when using a mobile device (such as an iPad or other tablet or an iPhone or other smartphone).
Hearing participants planning to join a Webex hearing from a desktop should confirm that the desktop is equipped with a camera. If the desktop does not have a built-in camera, a webcam can be attached to the desktop. Webcams are available for purchase online and at electronics stores.
Hearing participants experiencing poor audio quality (or who have no microphone on
their computer or other device) may establish an audio connection using a mobile phone
or land line. Note: Regardless of how a participant connects for purposes of audio, the
participant must appear by video, and therefore a computer or other device equipped with
a camera is required.
Policies as of June 1, 2020 for Full Commission Hearings, Deputy Commissioner Medical Motion Hearings, and Executive Secretary’s Office Informal Hearings
Full Commission Hearings
Full Commission oral arguments scheduled in June 2020 will be conducted by teleconference. The Full Commission panel chair will provide the parties with a toll-free number and access code to dial into the conference call.
Deputy Commissioner Medical Motion Hearings
Deputy Commissioner hearings on medical motions arising under G.S. §97-25(f) will be conducted in June 2020 with all parties appearing by teleconference, unless the Deputy Commissioner advises that the hearing will be conducted via Webex videoconference (details regarding Webex hearings will be provided in the near future). Based upon the parties’ stipulated facts and exhibits, the presiding Deputy Commissioner may excuse the parties from appearing at the G.S. §97-25(f) hearing if the parties and the Deputy Commissioner agree that no lay witnesses are needed to decide the case. If the parties are excused from appearing at the hearing because no lay witnesses are needed, the parties should proceed as usual with obtaining any expert medical testimony needed to close the record.
Executive Secretary’s Office Informal Hearings
Consistent with normal operating procedures, the Executive
Secretary’s Office will conduct informal hearings by teleconference.
Deputy Commissioner Hearings (Non-Medical Motion Hearings) and Mediation: Policies as of June 1, 2020 will be Announced Shortly
Deputy Commissioner Hearings (Non-Medical Motion Hearings)
On May 21, 2020, Chief Justice Beasley directed judicial officials to “make use of remote hearing technology to the greatest extent possible to limit in-person appearances.” In light of this Order, the Commission is developing hearing polices for June 2020 and future months that will be announced shortly.
Mediation
The Dispute Resolution Commission is meeting on Thursday May 28, 2020, regarding remote attendance
at mediation conferences during the COVID-19 pandemic. The Commission will adopt mediation policies
that are consistent with the policies of the Dispute Resolution Commission.
COVID-19 FILING REQUIREMENTS: EDFP, EDI, AND ALL OTHER RULE 108 FILING REQUIREMENTS REMAIN IN EFFECT
For the Commission to efficiently process forms and other filings while working remotely, it is essential that all filers comply with Rule 11 NCAC 23A .0108 when filing forms and other documents.
Represented parties and Insurance Carriers/TPAs/Self-Insured Employers are required to file forms and documents electronically via EDFP, with the following limited exceptions:
- A Form 19 (in which case you are required to file the Form 19 via EDI, unless an exception listed in Paragraph (d) applies);
- A form or document listed in Table 1 of 11 NCAC 23A .0108; or
- A Notice of Appeal to the Court of Appeals.
Click here for more information and guidance on the rule requirements.
COVID-19 Response: Written Affirmation Without Notarization Allowed
In order to protect public health and safety by encouraging social distancing, and in light of Emergency Directive 5 contained in Chief Justice Beasley’s April 2, 2020 Order, the Industrial Commission has adopted the following policy, effective immediately and continuing until further notice:
When it is required that any pleading, motion, petition, supporting affidavit, or other document of any
kind to be filed at the Industrial Commission be verified, or that an oath be taken, it shall be sufficient
if the subscriber affirms the truth of the matter to be verified by an affirmation or representation in
substantially the following language: “I(we) affirm, under the penalties for perjury, that the foregoing
representation(s) is(are) true. (Signed)_____________________.”
COVID-19 Update: Parties Must Appear Remotely for Mediations Conducted Prior to June 1, 2020
Consistent with Chief Justice Beasley’s April 2, 2020 Order, all mediations held in Industrial
Commission cases prior to June 1, 2020 shall be conducted with all parties appearing remotely or,
in the alternative, be rescheduled for a date on or after June 1, 2020. If all parties do not
consent to appear remotely, then the mediation must be rescheduled for a date on or after
June 1, 2020.
COVID-19 Response: Industrial Commission Hearing Policies Through May 31, 2020
In order to protect public health and safety, and in light of Chief Justice Beasley’s April 2, 2020 Order requiring local courts to schedule or reschedule most cases in district and superior court for a date no sooner than June 1, 2020, the Industrial Commission has instituted the following policies, effective immediately and continuing through May 31, 2020.
Full Commission Hearings
All Full Commission oral arguments will be conducted by conference call. The Full Commission panel chair will provide the parties with a toll-free number and access code to dial into the conference call. All oral arguments that are normally recorded will continue to be recorded by a court reporter.
Deputy Commissioner Hearings (Non-Medical Motion Hearings)
All Deputy Commissioner hearings scheduled to be heard in April or May of 2020 will be continued to be reset on a future docket, with the exception of hearings on medical motions arising under G.S. §97-25(f) or unless the parties are notified otherwise.
Deputy Commissioner Hearings on Medical Motions
Deputy Commissioner hearings on medical motions arising under G.S. §97-25(f), which are statutorily required to be held within 30 days of the filing of the motion or appeal, will not be continued. Through the end of May 2020, these hearings will be conducted with all parties appearing remotely. The Deputy Commissioner before whom the hearing is scheduled may excuse the parties from appearing at the G.S. §97-25(f) hearing if the parties and the Deputy Commissioner agree that no lay witnesses are needed to decide the case, based on the parties’ stipulated facts and exhibits. If the parties are excused from appearing at the hearing because no lay witnesses are needed, the parties should proceed as usual with obtaining any expert medical testimony needed to close the record.
Executive Secretary Hearings
Consistent with existing procedure, all informal telephonic hearings conducted by the Executive
Secretary’s Office will be by conference call.
COVID-19 Policy Update Regarding Electronic Signatures
In response to feedback from stakeholders, the Industrial Commission is now accepting
all agreements that have been signed by one or more parties via DocuSign or a similar vendor
that provides a graphic image of a signature placed on a document using secure software
that verifies the identity of the user.
Industrial Commission Request to Attorneys Working Remotely
The Executive Secretary’s Office has been receiving a high volume of phone calls from legal
assistants inquiring about the status of orders in cases where the orders already have been emailed
to the attorneys. The Commission requests that attorneys working remotely please advise their
assistants when orders are received. In the alternative, the Commission will transmit orders to
both the attorney and the legal assistant if both email addresses are provided on the proposed order.
COVID-19 Response: Industrial Commission Secure Leave Policy
The Industrial Commission recognizes that the COVID-19 pandemic will result in attorneys having to
reschedule vacations, non-emergency medical procedures, and other plans for which secure leave was obtained.
The rescheduled plans may then fall within the same calendar year for which three weeks of secure leave
already has been granted and/or may not be known until less than 90 days before the requested secure leave period.
Any attorney faced with this situation may file a motion under 11 NCAC 23E .0301 (Waiver of Rules) asking for a
waiver or variance of the requirements or provisions of 11 NCAC 23E .0104 (Secure Leave Period for Attorneys).
This motion should be filed in conjunction with the new secure leave written request.
Industrial Commission Accepting Agreements Signed Via DocuSign
The Industrial Commission has received inquiries about allowing employees to sign agreements
via DocuSign in order to encourage social distancing. Because DocuSign is widely used in the
North Carolina legal community for agreements and other transactions, the Industrial Commission
is accepting all agreements that have been signed by one or more parties via DocuSign. This
includes, but is not limited to, Compromise Settlement Agreements, Form 26As and other Form
agreements, and Consent Agreements. An employee himself or herself must sign via DocuSign;
an employee’s attorney cannot sign via DocuSign on behalf of an employee.
COVID-19 Response: Industrial Commission Filing Deadline Policy
The Industrial Commission has received some inquiries from attorneys regarding its current filing deadline policy. At this time, the Commission has not granted an automatic, blanket extension of filing deadlines for the following reasons:
- Parties may utilize the Industrial Commission’s Electronic Document Filing Portal (“EDFP”) to electronically file forms, responses, briefs, contentions, proposed opinions and awards/decisions and orders, proposed orders, and all other filings or documents to which a filing deadline applies. (Any attorney who is not registered to utilize EDFP but wishes to do so can find EDFP Registration Instructions by clicking here: www.ic.nc.gov/land-fc.html
- The Industrial Commission continues to allow pro se plaintiffs and pro se non-insured employers to file all documents by facsimile, U.S. Mail, private courier service, or hand delivery; and
- Any party wishing to obtain an extension of a filing deadline for a reason related to COVID-19, or otherwise for good cause, may file a motion for an extension of time as allowed by applicable rules and statutes.
COVID-19 Response: Telehealth Coverage and Billing
The Industrial Commission has received several inquiries from health care providers regarding
telehealth visits in lieu of in-person office visits, in light of health and safety concerns about
COVID-19 transmission raised by nurse case managers, injured employees, and the health care providers.
Please click here for answers to the most
frequently asked questions about the telehealth visits.
COVID-19 Response: Medical Motion Hearings To Be Conducted Remotely
Effective March 23, 2020, and continuing through the end of April 2020, the Commission’s COVID-19 procedure for medical motion hearings arising under G.S. §97-25(f) is amended as follows:
All medical motion hearings before Deputy Commissioners shall be conducted with the parties appearing remotely. The presiding Deputy Commissioner will provide the parties a toll-free number and access code to dial into the remote hearing. Consistent with existing procedure, hearing testimony will be recorded by a court reporter.
Upon approval by the Deputy Commissioner, the parties will not be required to appear remotely if they stipulate that no lay witness testimony is necessary or agree to take any needed lay witness testimony by deposition. In such cases, the parties shall submit a Pre-Trial Agreement and a set of stipulated exhibits, and then proceed to take medical depositions.
Parties are strongly encouraged to explore options to avoid the necessity of appearing remotely by stipulating to facts in the
Pre-Trial Agreement and/or by agreeing to take any needed lay witness testimony by deposition.
How to Contact the Claims Section and Information Specialists During COVID-19 State of Emergency
Claims Section
If you need to reach a member of the Claims Section, please call 919-716-1700 and follow the prompts for the Claims Section. You may also email your inquiry to claimsadm@ic.nc.gov.
Information Specialists
If you need to reach an Information Specialist, please call 919-716-1700
or 800-688-8349 and follow the prompt for the Information Specialist Section. You may also email your inquiry
to infospec@ic.nc.gov.
COVID-19 Mediation Policy Revision: Parties Must Appear Remotely for Mediations Conducted Prior to April 13, 2020
Consistent with Chief Justice Beasley’s emergency directive and in light of new guidance
from the NC Dispute Resolution Commission, all mediations held in Industrial Commission cases
prior to April 13, 2020 shall be conducted with all parties appearing remotely or, in the
alternative, be rescheduled for a date on or after April 13, 2020. If all parties do not consent
to appear remotely, then the mediation must be rescheduled for a date on or after April 13, 2020.
COVID-19 (Coronavirus) Response: Industrial Commission Mediation Policy
Effective immediately and continuing until further notice, the Industrial Commission will liberally grant the following types of motions:
- Motions for an extension of time to complete a mediation to allow all mediation participants to safely appear in person at the mediation; and
- Motions to allow one or more parties to participate in a mediation via telephone or video conference.
IC Staff Working Remotely; Email Communication Encouraged
In light of Governor Cooper’s March 10, 2020 State of Emergency declaration regarding COVID-19 and
consistent with guidance issued by the NC Department of Human Resources, the Industrial Commission is
encouraging its staff to work remotely to the greatest extent possible. The Commission remains open for
business but encourages you to contact Commission staff by email instead of by phone. Commission employees
working remotely have easy and quick access to their email inbox on their laptops and other devices.
By contrast, they do not have real time access to office phone calls when working remotely, and their
voicemail messages are not forwarded to their personal phones. Email addresses can be found by going under
the “Sections” tab on the Commission’s Home Page and clicking on the appropriate section of the Commission.
The Commission is committed to continuing to serve you during this challenging time and appreciates your
understanding and assistance.
COVID-19 (Coronavirus) Response: Industrial Commission Hearing Policies
In order to protect public health and safety, and in light of Chief Justice Beasley’s March 13, 2020 Order requiring local courts to postpone most cases in district and superior court for at least 30 days, the Industrial Commission has instituted the following policies for hearings, effective immediately and continuing until further notice. These policies apply to all hearings that are scheduled to take place on or after Monday, March 16, 2020:
Deputy Commissioner Hearings
With the exception of hearings on medical motions arising under G.S. §97-25(f), all Deputy Commissioner hearings scheduled to be heard in March or April of 2020 will be continued to be reset on the next available docket, unless the parties are notified otherwise. Deputy Commissioner hearings on medical motions arising under G.S. §97-25(f), which are statutorily required to be held within 30 days of the filing of the motion or appeal, will not be continued. The Deputy Commissioner before whom the hearing is scheduled may, however, excuse the parties from appearing at the G.S. §97-25(f) hearing if the parties and the Deputy Commissioner agree that no lay witnesses are needed to decide the case, based on the parties’ stipulated facts and exhibits. If the parties are excused from appearing at the hearing because no lay witnesses are needed, the parties should proceed as usual with obtaining any expert medical testimony needed to close the record.
Full Commission Hearings
All Full Commission oral arguments will be conducted by conference call. The Full Commission panel chair will provide the parties with a toll-free number and access code to dial into the conference call. Consistent with existing procedure, all oral arguments will continue to be recorded by a court reporter, with the exception of medical motion oral arguments made pursuant to 11 NCAC 23A .0609A(h).
Executive Secretary Hearings
Consistent with existing procedure, all informal telephonic hearings conducted by the Executive
Secretary’s Office will be by conference call.
Are you required to have Workers' Compensation Insurance?
For information on insurance requirements for businesses and employers:
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Does your employer have Workers' Compensation Insurance?
For information on insurance coverage of an employer in the State of North Carolina:
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