Welcome to the Archives Page
Archived Information
Why We Archive Information
State (and Federal) Law requires the NC Industrial Commission to Archive certain information. This may be claim information, medical information, mail correspondence, information related to daily operations and even E-mail related to State business.
What Archived Information Can I See?
Citizens are allowed to view any archived information that is considered Public Domain or Public Access. There are strict laws governing the dissemination of Privately Identifiable Information (PII) to the public. This is any information that may be used to identify an individual, such as Social Security Numbers, bank accounts, medical information, etc. Collection of this type of information by unauthorized parties may allow someone to steal the identity of another individual. The NC Industrial Commission has strict safeguards in place and is committed to keeping any kind of PII from being accessed by unauthorized personnel.
Any archived information not currently accessible on this web site but which is legally available may be obtained by contacting us either by phone or email.
What We Do NOT Archive
There are some items that NC Industrial Commission does not archive. This includes things like junk mail received by postal delivery, e-mail such as spam, and other items unrelated to State business. Other items are kept for a specific amount of time, as outlined by the NC Office of Archives and History, and then destroyed or deleted.
Available Archives
There are databases available to the public for searching case information and historical data concerning Motions, Orders & Awards and other data such as Insurance Carrier info. This page also contains archived items from this Web Site.
Archives By Category Or Section
Below you will find information grouped by section or category. There are also links on other pages within this site that link back to these groups of archived data. You may also find archived information using the Search box in the right-hand column or any search box located throughout this web site.
News Archives
News Items
Announcement Regarding Medical Bill Reporting Electronic Data Interchange (EDI)
In response to requests from employers, carriers, and third-party administrators, the Industrial Commission will delay the mandatory implementation date for Medical Bill Reporting via EDI from March 1, 2014, to July 1, 2014. This purpose of this postponement is to allow these stakeholders additional time for preparation and necessary programming. No additional extensions will be granted.
The 23rd Annual Workers' Compensation Educational Conference
On October 10-12, 2018, the North Carolina Industrial Commission, in association with the International Workers' Compensation Foundation, held the 23rd Annual North Carolina Workers' Compensation Educational Conference. The goal of this conference is not only to educate those who participate in the North Carolina workers' compensation system regarding current rules, procedures, and policies, but also to provide an opportunity for dialogue among the participants.
Presenters included Chairman Charlton Allen, Industrial Commission Section Heads,
plaintiffs' and defense attorneys, medical and vocational rehabilitation specialists, and
physicians. The presentations covered a wide variety of topics from Industrial Commission
procedures to how diabetes can affect recovery to the physician's role in the return-to-work
process. Approximately 631 individuals attended the 23rd Annual Conference. We hope you
join us next year at the Annual Conference as the Commission celebrates its 90th Anniversary.
23rd Annual N.C. Workers' Compensation Educational Conference
Will Be Held on Wednesday-Friday, October 10-12, 2018
Registration is now open for the Twenty-Third Annual North Carolina Workers'
Compensation Educational Conference, which will take place at the
Raleigh Convention Center on
Wednesday-Friday, October 10-12, 2018.
The conference is presented by the North Carolina Industrial Commission, in association
with the International Workers' Compensation Foundation.
The program 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 Attorney CLE, Paralegal CLE, Adjuster CE, SHRM CE, and Rehabilitation CRC/CDMS/CCM credits. Any other discipline will be provided, upon request, a certificate of completion.
The conference includes an exhibit hall, as well as networking and sponsorship opportunities.
To register and for additional details, download the conference brochure by clicking here.
For more information on the conference and to register in advance, 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. You may also register at the
conference.
Notice of Industrial Commission Rulemaking
Please click here to view a notice regarding nine proposed rules for the utilization of opioids, related medications, and pain management treatment in workers’ compensation claims. This notice includes information on the public hearing and the written comment period for the rules proposed for adoption.
A news release discussing this initiative by the Industrial Commission can be found here. The Commission held the public hearing on Friday, March 2, 2018. Please click here to view a transcript of the public hearing. The Commission accepted written comments on the proposed rule through Monday, March 19, 2018. Please click here to review the written public comments. This page will be updated periodically as the comments are received.
On March 20, 2018, the Commission approved the adoption of nine permanent rules in
new Subchapter 04 NCAC 10M. The rules were filed with the Rules Review Commission at
the Office of Administrative Hearings. Please click here
to view adopted rules. Please click here
to read a news release discussing this step in the rulemaking process.
Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10A .0107
Please click here to view a notice regarding proposed changes to the Computation of Time and Notice by the Commission, Rule 04 NCAC 10A .0107, including the public hearing date and the written comment period for the proposed rule amendment.
The Commission held the public hearing on Friday, March 2, 2018. Please click here to view a transcript of the public hearing. The Commission accepted written comments on the proposed rule through Monday, March 19, 2018, although none were received.
On March 20, 2018, the Commission approved a permanent rule amending 04 NCAC 10A .0107.
The rule was filed with the Rules Review Commission at the Office of Administrative Hearings.
Notice of Meeting
The Commission will meet at 1:00 p.m. on Tuesday, March 20, 2018, in the Industrial
Commission Hearing Room, Room 2173 of the Dobbs Building. Please click
here for more information.
Notice of Letter to Rules Review Commission Regarding Periodic Review
Please click here to review the March 9, 2018 letter sent to the North Carolina Rules Review Commission, regarding Industrial Commission rules subject to the current round of periodic review of existing rules.
`Attention: Deputy Commissioners’ Section to Send Dockets Via E-mail
Effective March 12, 2018, the Deputy Commissioners’ section will no longer send docketing notices via fax. To continue to receive docketing notices, please opt in to the new e-mail list by e-mailing deputy.docketing.notice.opt.in.out@ic.nc.gov with a list of e-mail addresses to add to our contact list. Additionally, docketing reports will continue to be posted at https://www.ic.nc.gov and can be found under “Sections” – “Deputy Commissioners” – “Master List of Cases for Docketing.”
NEW Service of Process and Conformed Signatures for Deputy Commissioners’ Orders
On February 19, 2018, the Industrial Commission will take another step towards modernizing
and streamlining its internal practices. Deputy Commissioners will begin serving orders via
e-mail to the attorney of record. Mail or certified mail will only be used to provide notice
when an attorney’s e-mail address is unknown or when a party is appearing pro se.
Additionally, Deputy Commissioners will file orders with conformed signatures.
Mary Claire Brown Appointed to the Industrial Commission as Deputy Commissioner
Chairman Charlton Allen is pleased to announce the appointment of Mary Claire Brown
as a Deputy Commissioner for the Charlotte regional office. Brown has been in private
practice with Hedrick Gardner, practicing in the fields of liability and workers’
compensation. She earned her undergraduate degree from the University of North Texas,
and her Juris Doctor from Campbell University School of Law. During law school, she held
internships or externships at the North Carolina Supreme Court, the Court of Appeals of
North Carolina, and with the North Carolina Hospital Association. Brown serves her community
as a Safe Alliance Pro Bono Attorney, providing legal counsel to victims of domestic
violence, and as a member of the Junior League of Charlotte’s Training and Development
Committee.
Amanda R. Witzke Appointed to the Industrial Commission as Deputy Commissioner
Chairman Charlton Allen is pleased to announce the appointment of Amanda R. ("Mandy")
Witzke as a new Deputy Commissioner for the Charlotte regional office. Most recently, Witzke has
been in private practice with Willson Jones Carter & Baxley, P.A. in Charlotte, where she
primarily practiced in the field of workers’ compensation defense. Witzke earned both her
undergraduate and law degrees from the University of North Carolina at Chapel Hill. Witzke’s
community involvement includes the Junior League of Charlotte, the Ada Jenkins Center, and the
Young Affiliates of the Mint Museum.
Governor Cooper Nominates Robert J. Harris to the North Carolina Industrial Commission
Governor Roy Cooper has nominated Robert J. Harris for appointment as a Commissioner to the North Carolina Industrial Commission for a six-year term, pending confirmation by the North Carolina General Assembly. For a brief biography of DC Harris, please click here.
Governor Cooper nominated Harris to the seat presently occupied by Commissioner Tammy R. Nance.
Commissioner Nance and Deputy Commissioner Harris will continue to serve in their current positions
until Harris’ confirmation process is complete and he has been sworn in.
Notice of Withdrawn Proposed Rule Amendment
The Industrial Commission has withdrawn the proposed rule amendment to 04 NCAC 10E .0203,
Fees Set by the Commission. Notice of this proposed amendment was published in the North Carolina
Register on November 15, 2017 and was posted on the Commission’s website
here. Through prudent management of financial resources
and the cooperation of the Department of Insurance, the Industrial Commission is pleased to announce
that the temporary fee increase in the proposed rulemaking will not be necessary. Now that the
Commission’s funds are wholly transferred from the Department of Commerce to the Department of
Insurance, the Industrial Commission will not move forward with the proposed rule amendment.
NEW Service of Process via E-mail and Conformed Signatures for Full Commission Orders
As part of the Commission’s effort to increase efficiency, Full Commission orders will be
served via e-mail to the attorney of record beginning 5 February 2018. Mail or certified mail
will only be used to provide notice when an attorney’s email address is unknown or when a party
is appearing pro se. Additionally, the Full Commission will begin issuing orders with
conformed signatures.
NEW Format for Full Commission Opinions and Awards and Tort Claim Decisions and Orders
Beginning February 1, 2018, the Full Commission will begin issuing Workers’ Compensation Opinions and Awards and Tort Claim Decisions and Orders with electronic signatures in an effort to modernize Commission filings and institute more efficient internal practices. The Full Commission will follow the format used by the Court of Appeals of North Carolina, documenting the names of concurring and dissenting panel members at the end of each opinion. To further streamline the Commission’s internal filing system, the Clerk’s Office will also begin electronically file stamping Full Commission Opinions and Awards and Decisions and Orders.
`Myra L. Griffin Appointed to the Industrial Commission
Governor Roy Cooper has appointed Myra L. Griffin as a Commissioner of the North Carolina Industrial Commission, pending confirmation by the North Carolina General Assembly. She will complete the unexpired term of former Commissioner Linda Cheatham. Griffin has served as a Deputy Commissioner of the Industrial Commission since February 2005. She was previously a Special Deputy Commissioner and law clerk at the Commission. Before joining the Commission, Griffin was an Assistant Attorney General with the Tort Claims Section of the N.C. Department of Justice. She is a graduate of the University of North Carolina at Chapel Hill, and received her J.D. degree cum laude from the North Carolina Central School of Law. Until her appointment as Commissioner is confirmed by the General Assembly, Griffin will continue to hear cases as a Deputy Commissioner.
`NEW Method for Providing Notice of Industrial Commission Opinions and Awards to Parties
Beginning January 2, 2018, workers’ compensation Opinions and Awards will be served via e-mail
to the attorney of record. Certified mail will only be used to provide notice when an attorney’s
e-mail address is unknown or when the party is appearing pro se. These changes are in
response to N.C. Sess. Law 2017-57, Sec. 15.17’s amendments to N.C. Gen. Stat. § 97-86 and are
designed to realize cost savings and institute a more efficient method for providing notice.
Industrial Commission Files Proposed Rules for Opioid and Pain Management Utilization
On December 19, 2017, the Industrial Commission filed proposed rules for the utilization
of opioids, related medications, and pain management treatment in workers’ compensation claims.
Click here to view the news release. Click
here to view the proposed rules.
Notice of Public Hearing Cancellation
Chairman Charlton Allen has canceled the public hearing scheduled for 10:00 a.m. on
Thursday, December 21, 2017, regarding the proposed amendment to Industrial Commission
Rule 04 NCAC 10E .0203. Through the Commission’s prudent management of financial resources
and the cooperation of the Department of Insurance, the Commission is hopeful it will not
be necessary to institute a temporary fee increase at this time. The Commission anticipates
the proposed rule will be withdrawn at such time as the Commission’s funds are wholly
transferred from the Department of Commerce to the Department of Insurance.
Full Commission Hearings at the Historic State Capitol
On December 19, 2017, a Full Commission panel consisting of Chairman Charlton L. Allen,
Vice-Chairman Yolanda K. Stith, and Commissioner Tammy R. Nance held oral arguments in the
Old Senate Chambers of the historic State Capitol Building in Raleigh, North Carolina. Please
click here for a photo gallery of this event. For more
information about the State Capitol Building, please click
here.
Employee Classification Changes, Effective December 31, 2017
Please click here to read the Public Notice
Statement, as required by
N.C. Gen. Stat.
§ 143-764(a)(5).
December Meeting of the North Carolina Workers’ Compensation Opioid Task Force
NOTE MEETING LOCATION CHANGE: The meeting will be held in Room 6037 on the sixth floor of the Dobbs Building.
The North Carolina Workers' Compensation Opioid Task Force will meet at 9:00 a.m. on
Thursday, December 14, 2017. The meeting will take place at the Dobbs Building, located at
430 North Salisbury Street, Raleigh, NC 27603. The meeting will be held in the
Judge Wells Conference Room on the fifth floor.
Notice of Draft Rules for the Utilization of
Opioids and Pain Management in
Workers’ Compensation Claims for Preliminary Public Comment [UPDATED]
In February 2017, Chairman Charlton L. Allen established the North Carolina Workers’ Compensation Opioid Task Force to study and recommend solutions for the problems arising from the intersection of the opioid epidemic and related issues in workers' compensation claims. After several months of research and collaboration, the Workers’ Compensation Opioid Task Force has developed draft utilization rules for opioids, related prescriptions, and pain management treatment in workers’ compensation claims. The Commission is grateful to the members of the Workers’ Compensation Opioid Task Force for their time commitment, hard work, and dedication to the groups’ mission.
The Commission sought preliminary public comment on the draft rules prior to initiating formal
rulemaking. Please click here to view the preliminary comments
received by the December 6, 2017 deadline. The public feedback will be considered prior to the official
filing of proposed rules. The Commission has developed a PowerPoint presentation that provides an executive
summary of the draft rules. The Commission strongly recommends reviewing both the
PowerPoint and the
draft rules. Questions may be e-mailed to
meredith.henderson@ic.nc.gov.
Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10E .0203
Please click here to view a notice regarding
proposed changes to the Fees Set by the Commission, Rule 04 NCAC 10E .0203, including the
public hearing date and the written comment period for the proposed rule amendment. The notice
contains the website link for the fiscal note approved by the Office of State Budget and
Management regarding the proposed rule amendment.
Sixteenth Meeting of the North Carolina Workers’ Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 1:30 p.m. on Tuesday,
November 7, 2017. The meeting will take place at the Department of Insurance's Albemarle Building,
located at 325 North Salisbury Street, Raleigh, NC 27603. The meeting will be held in Conference
Room 1123 on the eleventh floor.
Fifteenth Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 1:30 p.m. on
Thursday, November 2, 2017. The meeting will take place at the Dobbs Building, located at
430 North Salisbury Street, Raleigh, NC 27603. The meeting will be held in the Judge Wells
Conference Room on the fifth floor.
Industrial Commission Holds Hearings at Elon University School of Law
On October 25, 2017, a Full Commission panel of the North Carolina Industrial Commission
held hearings at the Elon University School of Law in Greensboro. Click
here for details.
Fourteenth Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 9:00 a.m. on Friday,
October 27, 2017. The meeting will take place at the Dobbs Building, located at 430 North
Salisbury Street, Raleigh, NC 27603. The meeting will be held in the Judge Wells Conference
Room on the fifth floor.
Permanent Rule Amendment Approved by Rules Review Commission
On October 19, 2017, the Rules Review Commission approved the rule amendment to Rule
04 NCAC 10J .0103. Please click
here to view an annotated
version of the approved rule showing all amendments. However, the rule received ten or more
letters of objection. Therefore, this rule is subjected to legislative review with a delayed
effective date of the 31st legislative day of the General Assembly's session beginning May 2018.
The current rule in effect can be found
here.
Thirteenth Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 9:00 a.m. on
Friday, October 20, 2017. The meeting will take place at the Dobbs Building, located at
430 North Salisbury Street, Raleigh, NC 27603. The meeting will be held in the Judge Wells
Conference Room on the fifth floor.
Twelfth Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 9:00 a.m. on Friday,
October 13, 2017. The meeting will take place at the Dobbs Building, located at 430 North
Salisbury Street, Raleigh, NC 27603. The meeting will be held in the Judge Wells Conference
Room on the fifth floor.
Eleventh Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 9:00 a.m. on Tuesday,
October 10, 2017. The meeting will take place at the Dobbs Building, located at 430 North
Salisbury Street, Raleigh, NC 27603. The meeting will be held in the Judge Wells Conference Room
on the fifth floor.
Reporting to the N.C. Employee Classification Section in Spanish Is Now Available
The North Carolina Industrial Commission Employee Classification Section has established a
process for submitting complaints of potential worker misclassification in Spanish. Additionally,
submissions may be anonymous. To report employee misclassification, please click
here.
Notice of Upcoming Changes to Sanction Amount and Policies
for Sanctions Issued Pursuant to N.C. Gen. Stat. §97-18(j)
The North Carolina General Assembly has tasked the Industrial Commission with ensuring compliance with N.C. Gen. Stat. § 97-18(j). At the end of fiscal year 2016-17, more than 4,500 claims were not in compliance with this statute. To reduce the number of claims out of compliance and to ensure quicker dispositions of cases, the Commission is implementing new policies regarding the sanctions issued pursuant to N.C. Gen. Stat. § 97-18(j).
Please click here to view a memorandum regarding the changes
that the Commission is making to the sanction amount and processes for sanctions issued pursuant
to N.C. Gen. Stat. § 97-18(j).
Industrial Commission Releases Fiscal Year 2016-17 Annual Report
The Commission has released its Fiscal Year 2016-17 Annual Report. Please click here to view the report.
Industrial Commission Holds Hearings at North Carolina Central University School of Law
Please click here to view an announcement
regarding the Industrial Commission's recent hearings at North Carolina Central University
School of Law.
Tenth Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 9:00 a.m. on Friday,
September 22, 2017. The meeting will take place at the Dobbs Building, located at 430 North
Salisbury Street, Raleigh, NC 27603. The meeting will be held in the Judge Wells Conference
Room on the fifth floor.
Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10J .0103
Please click here to view a notice regarding proposed changes to the Commission's Medical Fee Schedule, Rule 04 NCAC 10J .0103, including the public hearing date and the written comment period for the proposed rule amendment. The notice contains the website link for the fiscal note approved by the Office of State Budget and Management regarding the proposed rule amendment.
The Commission held the public hearing on Wednesday, July 19, 2017. Please click here to view a transcript of the public hearing. The Commission will also accept written comments on the proposed rule through August 14, 2017. The Commission accepted written comments from June 15, 2017 through August 14, 2017. Please click here to review the comments timely received, as well as three public comments received after the deadline.
The Commission approved a permanent rule amending Rule 04 NCAC 10J .0103. The rule was
filed with the Rules Review Commission at the Office of Administrative Hearings on
September 19, 2017.
Employee Classification Section Continues to Receive Complaints About Worker Misclassification
Recent reports suggest enactment of Senate Bill 407 creates a new section of the Industrial
Commission to target employee misclassification. It does not. Instead, the legislation largely
codifies preexisting initiatives of the Commission. Please click
here to read the full news release.
Notice of Meeting
The Commission will meet at 3:00 P.M. on Monday, September 18, 2017, in Room 2173 of
the Dobbs Building. Please click here for more
information.
Ninth Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 9:00 a.m. on Friday,
September 8, 2017. The meeting will take place at the Dobbs Building, located at 430 North
Salisbury Street, Raleigh, NC 27603. The meeting will be held in the Judge Wells Conference Room
on the fifth floor.
Eighth Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 9:00 a.m. on Friday,
August 25, 2017. The meeting will take place at the Department of Insurance's Albemarle Building,
located at 325 North Salisbury Street, Raleigh, NC 27603. The meeting will be held in Conference
Room 723 on the seventh floor.
Industrial Commission's Mediation Section Has Record-Breaking Fiscal Year for Settlements
The Mediation Section of the Industrial Commission posted an exceptional 2016-2017 fiscal
year. With the most cases ever referred to mediation in a fiscal year, nearly 10,000, the section
recorded its highest settlement rate ever for cases settled at mediation conferences -- 73.81%.
The Mediation Section is responsible for effectively, fairly, and efficiently administering the
Industrial Commission's mediation program. The primary purpose of the program is to provide
parties an opportunity to actively participate in the resolution of their contested issues,
enabling the Commission to devote its limited adjudicatory resources to resolving cases not
conducive to settlement.
Notice of Meeting
The Commission will meet at 2:30 P.M. on Wednesday, August 16, 2017, in Room 6037 of the
Dobbs Building, located at 430 North Salisbury Street, Raleigh, NC 27603. Please click
here for more information.
Seventh Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 9:00 a.m. on Friday,
August 11, 2017. The meeting will take place at the Dobbs Building, located at 430 North Salisbury
Street, Raleigh, NC 27603. The meeting will be held in the Judge Wells Conference Room on the
fifth floor.
Industrial Commission Workers' Compensation Fraud Investigation Leads to Arrest
A Randolph County woman was arrested for felony and misdemeanor charges in a workers' compensation
fraud investigation. The North Carolina Industrial Commission's Fraud Investigative Division charged the
suspect with one felony count of obtaining property by false pretenses and one misdemeanor count of
workers' compensation fraud. Please click here to read the full
news release.
Sixth Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 1:30 p.m. on Monday,
July 31, 2017. The meeting will take place at the Albemarle Building, located at 325 North
Salisbury Street, Raleigh, NC 27603. The meeting will be held in Conference Room 723 on the
seventh floor. Please note that this is a different location than where the previous meetings
of the Task Force took place.
Industrial Commission Announces Regional Office Move
The Industrial Commission's regional office, previously located in Elizabethtown, has moved
to Wilmington. Beginning in late 2014, the Industrial Commission began decentralizing its
judicial staff into five regional offices located throughout the State. This move reflects a
continued commitment to reducing costs and unnecessary travel, increasing employee productivity,
and enhancing customer service at the local level. The regional office, now located in
Wilmington, is fully operational at this time. Please send correspondence for this regional
office to the new mailing address P.O. Box 12974, Wilmington, NC 28405.
Industrial Commission Compliance and Fraud Investigative Division Fiscal Year Update
The North Carolina Industrial Commission's Compliance and Fraud Investigative Division
is continuing to proactively identify businesses that do not comply with the Workers'
Compensation Act at an unprecedented rate. For Fiscal Year 2016-2017, the Compliance Unit
collected over $1.7 million in penalties for noncompliance, and the Fraud Investigative Unit
issued 412 total charges for suspected violations of the Workers' Compensation Act. Please
click here to read the related news release.
Fifth Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 9:00 a.m. on
Friday, July 21, 2017. The meeting will take place at the Dobbs Building, located at
430 North Salisbury Street, Raleigh, NC 27603. The meeting will be held in the Judge Wells
Conference Room on the fifth floor. Please note that this is a different location than where
the previous meetings of the Task Force took place.
Philip A. Baddour, III Sworn in as Commissioner
After appointment by Governor Roy Cooper and confirmation by the General Assembly,
Philip A. Baddour, III was sworn in on June 28, 2017 to serve as a Commissioner of the
North Carolina Industrial Commission. Click here here
to view a news release regarding Commissioner Baddour's appointment.
Melissa H. Grimes Appointed to the Industrial Commission as Deputy Commissioner
Chairman Allen is pleased to announce the appointment of a new Deputy Commissioner.
Melissa Grimes is joining the North Carolina Industrial Commission to serve a six-year term
as a Deputy Commissioner in the Charlotte regional office. Most recently, Grimes was in
private practice with Hedrick Gardner in Charlotte, where she focused her practice on
workers' compensation. Originally from Eastern North Carolina, Grimes graduated
magna cum laude from East Carolina University, where she received her B.A. in
Communications / Public Relations. She went on to receive her Juris Doctor from the
Campbell University School of Law.
Fourth Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 1:30 p.m. on
Wednesday, June 21, 2017. The meeting will take place at the
North Carolina State Bar, located at 217 East Edenton
Street, Raleigh, NC 27601. The meeting will be held in Conference Room 218. Please note that
this is a different location than where the previous meetings of the Task Force took place.
June Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 2:00 p.m. on
Tuesday, June 6, 2017. The meeting will take place at the Industrial Commission, located in
the Dobbs Building at 430 N. Salisbury Street, Raleigh, NC 27603. The meeting will be held in
the Industrial Commission Hearing Room, Room 2173, on the second floor. Please note that this
is a different room than the room where the previous meetings of the Task Force took place.
May Meeting of the North Carolina Workers' Compensation Opioid Task Force
The North Carolina Workers' Compensation Opioid Task Force will meet at 2:00 p.m. on
Thursday, May 4, 2017. The meeting will take place at the Industrial Commission, located in the
Dobbs Building at 430 N. Salisbury Street, Raleigh, NC 27603. The meeting will be held in the
Jim Long Hearing Room, Room 3099, on the third floor.
First Meeting of the North Carolina Workers' Compensation Opioid Task Force
The Industrial Commission is pleased to announce the first meeting of the task force to
study and recommend solutions for the problems arising from the intersection of the opioid
epidemic and related issues in workers' compensation claims. The first meeting is scheduled
for 2:00 p.m. on Thursday, April 6, 2017, in the Dobbs building at 430 N. Salisbury Street,
Raleigh, NC 27603. NOTE ROOM CHANGE: Please note that the meeting has been moved
to the Jim Long Hearing Room, Room 3099, on the third floor.
Industrial Commission Holds Hearings at Wake Forest Law
Please click here to view an announcement regarding the
Industrial Commission's recent hearings at Wake Forest University School of Law.
Important News Regarding Temporary Rule Amending 04 NCAC 10J .0103, Effective January 1, 2017
An approved temporary rule amendment to Rule 04 NCAC 10J .0103 went into effect on January 1, 2017.
A legal challenge to this temporary rule was filed in Wake County Superior Court. Please click
here to see a copy of the March 21,
2017 Order deciding the legal challenge. The Commission is currently reviewing the matter and will
provide updates as to any further related legal proceedings. In light of the March 21, 2017 Order,
this version of Rule 04 NCAC 10J .0103 is currently in effect for dates
of service of January 1, 2017 or later.
Philip A. Baddour III Appointed to the Industrial Commission
Governor Roy Cooper has nominated Philip A. Baddour, III for appointment as a Commissioner to the
North Carolina Industrial Commission for a six-year term, pending confirmation by the North Carolina
General Assembly. Click here to view a news release about this appointment.
Creation of a North Carolina Industrial Commission Twitter Account
The Industrial Commission is pleased to announce the creation of a Twitter account that will
provide updates on the Commission's breaking news and important announcements. This additional
media platform demonstrates the Commission's commitment to providing quality customer service and
connecting with all interested stakeholders. Please follow the N.C. Industrial Commission on
Twitter @IC_NC_GOV.
Creation of the North Carolina Workers' Compensation Opioid Task Force
Industrial Commission Chairman Charlton Allen announced on February 7, 2017, the establishment
of a task force to study and recommend solutions for the problems arising from the intersection
of the opioid epidemic and related issues in workers' compensation claims. Please click
here to view an Industrial Commission press release.
Permanent Rule Amendment Approved by Rules Review Commission
On January 19, 2017, the Rules Review Commission approved the rule amendment with technical
corrections to Rule 04 NCAC 10A .0108. Please click here
to view an annotated version of the approved rule showing all amendments. This rule can also be
found in the North Carolina Administrative Code here. No
letters of objection were received. Therefore, this rule is effective as of February 1, 2017.
J. Brian Ratledge Joins Industrial Commission as General Counsel
Brian Ratledge has joined the North Carolina Industrial Commission to serve as General Counsel.
Mr. Ratledge was most recently the General Counsel at the North Carolina Department of
Administration. Prior to joining the Department of Administration, he was in private practice in
Raleigh. He has also previously served as the Chairman of the Wake County Board of Elections.
Finally, Mr. Ratledge is a graduate of the University of Tennessee at Knoxville where he received
his B.A. in Political Science (Honors Program) and a graduate of the Campbell University School of
Law.
Changes to Electronic Document Filing Portal (EDFP)
On Wednesday, January 4, 2017, the Industrial Commission upgraded the Electronic Document Filing Portal to EDFP 2.3.0. The new release allows almost all documents to be filed via EDFP as long as they are filed in claims that have existing IC file numbers.
The Industrial Commission encourages all current EDFP users as well as those not yet required to use it to become familiar with the new version of EDFP. Therefore, as of Thursday, January 5, 2017, the Commission will accept via EDFP all document types included in the EDFP 2.3.0 upgrade even if the document types are not listed in Table 1 of the current Rule 04 NCAC 10A .0108. If you choose to submit such document types, you should copy the correct IC filing email address according to Rule 04 NCAC 10A .0108 when you serve the documents on the opposing party and let the Commission know in the e-mail that the documents were also filed via EDFP.
The Industrial Commission believes this upgrade will greatly improve its customer service and
appreciates your cooperation, patience, and feedback.
Asia J. Prince Named Director of Claims Administration
Chairman Allen has selected Asia J. Prince to be the Director of Claims Administration for
the Industrial Commission, effective January 1, 2017. Most recently, Mr. Prince has served as
a Special Deputy Commissioner in the Executive Secretary's Office, and prior to that, a Special
Deputy Commissioner with the Deputy Commissioner's Section. Mr. Prince is a cum laude
graduate of the University of North Carolina at Greensboro, where he was a member of the Beta
Gamma Sigma business honor society. He received his Juris Doctor from the University of North
Carolina at Chapel Hill. He is currently a Fellow with the E.A. Morris Fellowship for Emerging
Leaders.
Announcing the 2017 N. C. Workers' Compensation Educational Conference
Wednesday, October 4 – Friday, October 6, 2017
Registration is now open for the Twenty-Second Annual North Carolina Workers'
Compensation Educational Conference, which will take place at the
Raleigh Convention Center on October 4-6, 2017.
The conference is presented by the North Carolina Industrial Commission, in association
with the International Workers' Compensation Foundation.
The program 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 Attorney CLE, Paralegal CLE, Adjuster CE, SHRM CE, and Rehabilitation CRC/CDMS/CCM credits. Any other discipline will be provided, upon request, a certificate of completion.
The conference includes an exhibit hall, as well as networking and sponsorship opportunities.
To register and for additional details, download the conference brochure by clicking here.
Please let us know if you have any questions or we can be of additional assistance.
North Carolina Industrial Commission Personnel Announcements
- On December 30, 2016, Governor Pat McCrory designated
Charlton L. Allen to continue
serving as Chairman of the North Carolina Industrial Commission. Pursuant to Session Law
2016-125, he will serve as Chairman of the Commission for a term of four years. Charlton
Allen joined the Industrial Commission on July 1, 2014 as a Commissioner. He was then
designated Chairman effective February 1, 2016.
- Governor Pat McCrory has designated Yolanda K. Stith
to serve as Vice-Chairman of the
North Carolina Industrial Commission for a term of four years pursuant to Session Law
2016-125. Yolanda Stith joined the Industrial Commission on December 21, 2016 as a
Commissioner.
- Chairman Allen has appointed Charles K. Duckett as Administrator/Chief Operating
Officer of the Industrial Commission, effective January 1, 2017. The Administrator is
a senior-level position tasked with overseeing the Commission’s budget, personnel, and
other managerial operations.
Mr. Duckett was serving as the Director of Appointments for the Office of the Governor. Previously, he served as the Director of Boards and Commissions for the Office of the Speaker of the North Carolina House of Representatives, the Human Resources Director at the Office of the State Auditor, the Director of Human Resources for the Employment Security Commission, the Director of the Governor’s Western Office, a Transition Director for Congressman Charles Taylor, Deputy Director of Personnel Appointments for the Office of the Governor, District Representative for Congressman Bill Hendon, in addition to other positions. He has also owned and operated a temporary staffing agency.
- Chairman Allen has announced the appointment of two deputy commissioners.
Kevin V. Howell
and Theodore S. Danchi join the commission
as new appointees. Each will serve a six-year term.
Mr. Howell will serve as a Deputy Commissioner for the Greenville office. Mr. Danchi will serve
in the Raleigh office.
Yolanda Stith Appointed to the Industrial Commission
Governor Pat McCrory has appointed Yolanda K. Stith as a Commissioner of the N.C. Industrial Commission, effective immediately.
Stith will fill the vacancy created when former Commissioner Bill Daughtridge, Jr., recently resigned.
Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10A .0108
Please click here to view a notice regarding proposed changes to the Commission’s electronic filing rule, 04 NCAC 10A .0108, including the public hearing date and the written comment period for the proposed rule amendment. The notice contains the website link for the fiscal note approved by the Office of State Budget and Management regarding the proposed rule amendment.
The Commission held the public hearing on Friday, November 18, 2016. Please click here to view a transcript of the public hearing. The written comment period closed on December 16, 2016. The Commission did not receive any written comments.
The Commission approved a permanent rule amending 04 NCAC 10A .0108. The rule was filed with the
Rules Review Commission at the Office of Administrative Hearings on December 20, 2016. Please click
here to view the permanent rule.
Notice of Meeting
The Commission will meet at 10:00 A.M. on December 20, 2016 in Room 6037 of the Dobbs Building.
Please click here for more information.
Temporary Rule Amendment Approved by Rules Review Commission
The temporary rule amendment to Rule
04 NCAC 10J .0103
adopted by the Industrial Commission was reviewed and approved by the Rule Review Commission on
December 15, 2016. Please click here to view
the approved rule, which will go into effect on January 1, 2017.
Notice of Industrial Commission Temporary Rulemaking
Please click here to view a notice regarding a proposed temporary rule amending workers’ compensation medical fee schedule rule 04 NCAC 10J .0103 in light of the August 9, 2016 court decision in Surgical Care Affiliates, LLC v. North Carolina Industrial Commission, No. 16-CVS-0060 (Wake County Superior Court). This notice includes the public hearing date and the written comment period for the proposed temporary rule.
The Commission held the public comment meeting on Friday, November 18, 2016. Please click here to view a transcript of the public hearing. The Commission accepted written comments from October 19, 2016 through November 29, 2016. Please click here to review the comments.
The Commission approved a temporary rule amending 04 NCAC 10J .0103. The temporary rule was filed
with the Rules Review Commission at the Office of Administrative Hearings on December 6, 2016.
Please click here to view the temporary rule.
Notice of Meeting
The Commission will meet at 10:00 A.M. on December 5, 2016 in Room 6037 of the Dobbs Building.
Please click here
for more information.
Industrial Commission Releases Fiscal Year 2015-16 Annual Report
The Commission has released its Fiscal Year 2015-16 Annual Report. Please click
here to view the report.
Important News Regarding Ambulatory
Surgery Fee Schedule
Rules and Public Comment Meeting on October 3, 2016
On August 9, 2016, Superior Court Judge Paul Ridgeway entered a Decision invalidating the ambulatory surgery center provisions of the workers’ compensation medical fee schedule that became effective April 1, 2015. Please click here to read that decision. The decision has been stayed pursuant to a September 2, 2016 Order by Judge Ridgeway. Click here to view the Order.
The Industrial Commission scheduled a non-mandatory public comment meeting on October 3, 2016, to consider appropriate steps for the Industrial Commission to take in light of the August 9, 2016 Decision. Please click here to view the meeting notice. Please click here for the cost analyses published by NCCI and NCRB that are referenced in the meeting notice. The cost analyses may be used by the public in formulating any comments or proposals prior to or following the public comment meeting.
The Commission held the public comment meeting on Monday, October 3, 2016. Please click here to view a transcript of the public comment meeting. Per the above-mentioned notice, the Commission will continue to accept comments through Monday, October 10, 2016.
The Industrial Commission received the following proposals on September 26, 2016. As stated in the meeting notice, members of the public may attend the meeting on October 3, 2016, to address oral comments on these proposals to the Commission. Additionally, any person may present written comments in response to the proposals by October 10, 2016, as described in the meeting notice referenced above. In accordance with the meeting notice, the Commission is posting all proposals received. The proposals are listed in chronological order of receipt.
- Proposal from Surgical Care Affiliates, LLC. Please click here.
- Proposal from 21 employer, insurance, and third-party administrator organizations. Please click here.
- Proposal from the National Association of Mutual Insurance Companies. Please click here.
- Proposal from the North Carolina Hospital Association. Please click here.
Following the public comment meeting on October 3, 2016, the Commission accepted additional written comments and corresponding documentation through October 10, 2016. These comments are listed below in order of receipt. The Commission appreciates the participation of all persons and entities throughout this process. All proposals, written comments, and oral presentations shall be taken under advisement in considering the rulemaking options to address the effects of the August 9, 2016 court decision.
The N.C. Industrial Commission and U.S. Labor Department
Will Work Together to Combat Employee Misclassification
On August 31, 2016, the N.C. Industrial Commission and the Wage and Hour Division of the
U.S. Department of Labor signed an agreement to help protect workers and lawful businesses by
trying to prevent and combat abuses by employers who incorrectly classify workers as independent
contractors rather than as employees. This agreement follows Governor Pat McCrory's
Executive Order 83, issued on December 18, 2015, which established an
Employee Classification
Section within the Industrial Commission to help identify and investigate instances of employee
misclassification and work with other state agencies to ensure that the relevant state statutes are
enforced. Click
here
to read the entire news release on the August 31, 2016 agreement between the NCIC and the USDOL’s
Wage and Hour Division.
N.C. Workers' Compensation Educational Conference
Wednesday, October 5 – Friday, October 7, 2016
THE CONFERENCE WILL BE PAPERLESS!
The Industrial Commission is excited to announce the 21st Annual North Carolina Workers'
Compensation Educational Conference, to be held at the
Raleigh Convention Center from October 5 to
October 7, 2016. Please click here to view the
conference brochure. The conference provides a valuable
opportunity for professionals to share information on current issues impacting the workers'
compensation arena. Presenters include a North Carolina Supreme Court Justice, representatives
of the Industrial Commission, medical providers, case management specialists, and a number of
highly experienced workers' compensation attorneys. Click
here to learn more about the presenters.
A paper copy of conference materials will no longer be provided to attendees. Those who have registered will receive a confirmation card and e-mail containing the link to access the conference materials to download or review prior to the conference. Please continue to check the link as materials are added. A limited number of flash drives will be available, upon request, at the conference. The Raleigh Convention Center provides Wi-Fi access for a fee. Please note, there will be limited access to electric plugs for laptops and other devices.
Application will be made for continuing education credits for attorneys, paralegals, claims
professionals, and rehabilitation providers. For more information on the conference and to
register in advance, 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. You may also register at the
conference.
Matthew J. McCall Appointed Administrator/COO of the Commission
Charlton L. Allen, Chairman of the North Carolina Industrial Commission, has appointed Matthew J. McCall as Administrator/Chief Operating Officer of the Commission. The Administrator is a senior-level position tasked with overseeing the Commission’s budget, personnel, and other managerial operations.
McCall was serving his second term as the elected Register of Deeds for Iredell County. As such, McCall cut the agency’s budget by approximately 46%, while enhancing customer service, including opening a second office and initiating significant technological improvements. He has submitted his resignation as Register of Deeds to accept this position. McCall is a graduate of North Carolina State University, and prior to his service in elected office, was a licensed insurance agent and manager of his family’s insurance agency.
McCall is a member of the Board of Directors for Partners Behavioral Management, where he serves as a member of the Finance Committee. McCall was appointed by Governor Pat McCrory as a member of the North Carolina State Historical Records Advisory Board. Previously, McCall was a Fellow with the E.A. Morris Fellowship for Emerging Leaders.
"Matt is a dynamic leader who will serve the citizens of our State well," said
Chairman Allen. "His experience will be instrumental in providing outstanding customer
service, modernizing processes, and delivering productive oversight to our regional office
model, while providing good stewardship of our resources."
Decision on Petition for Rulemaking Issued
Click here
for more information and links to related documents.
William W. Peaslee Appointed Chief Deputy Commissioner
On May 18, 2016, Chairman Charlton L. Allen appointed William W. ("Bill")
Peaslee to serve as a Deputy Commissioner of the North Carolina Industrial Commission, and
designated him as Chief Deputy Commissioner, effective June 1, 2016. Mr. Peaslee comes to
the Industrial Commission from the North Carolina Department of Administration, where he
served as General Counsel. Prior to serving the State, Mr. Peaslee was in private practice
in Cary, North Carolina. Mr. Peaslee earned a BA from the University of North Carolina at
Chapel Hill and a JD from Campbell University Law School. He is the current Chairman of
the N.C. Property Tax Commission, and a former Chairman of the Constitutional Rights &
Responsibilities Section of the N.C. Bar Association, and a former member of the North
Carolina State Board of Elections.
Theodore Danchi Joins Industrial Commission as General Counsel
Effective June 1, 2016, Theodore ("Ted") Danchi will serve as General
Counsel to the North Carolina Industrial Commission. Prior to joining the Industrial
Commission, Mr. Danchi was a partner with the law firm Stam & Danchi in Apex, North
Carolina, where he practiced in the areas of General Civil Practice, Litigation,
Business and Corporate law, Personal Injury, Estates, Mediation, Wrongful Death, and
Appeals. Mr. Danchi previously practiced as an associate at the law firm Young, Moore,
Henderson & Alvis, where his practice areas included Workers’ Compensation. Mr.
Danchi holds an MS from Purdue University, and a BS and JD from Valparaiso University,
where he served as Articles Editor of the Valparaiso University Law Review. Mr.
Danchi is a member of the North Carolina and Indiana State Bars.
Sumit Gupta Designated Interim Chief Deputy Commissioner
On May 12, 2016, Chairman Charlton L. Allen designated Deputy Commissioner Sumit Gupta
as interim Chief Deputy Commissioner of the North Carolina Industrial Commission. Mr. Gupta
replaces Christopher C. Loutit, who was sworn in as a Commissioner of the Industrial
Commission on May 11, 2016. Click
here for a short
biography of Mr. Gupta.
New Commissioner Christopher C. Loutit Is Sworn In
After confirmation by the General Assembly, Christopher C. Loutit was
sworn in on May 11, 2016, to serve on the North Carolina Industrial
Commission. Click here to view a news
release regarding Commissioner Loutit.
NCIC Releases Report on Implementing Drug Formulary in Workers’ Comp Claims
On April 1, 2016, in accordance with the North Carolina General Assembly’s directive in
Session Law 2015-241, the Industrial Commission publicly released a study on the
implementation of a drug formulary in workers’ compensation claims filed by State employees.
Click here to read the report and the related
news release. The Commission’s recommendations to the
General Assembly were based on a data analysis performed by the Workers’ Compensation Research
Institute ("WCRI") of pharmacy data for State workers’ compensation claims for
calendar years 2012 through 2014.
Commissioner Linda Cheatham Nominated for a Second Term
Governor Pat McCrory has nominated
Linda Cheatham for a second
six-year term on the North Carolina Industrial Commission. Click
here
to view the news release about this appointment.
Bill Daughtridge Appointed to the Industrial Commission
Governor Pat McCrory has appointed Secretary of Administration
Bill Daughtridge as a
Commissioner of the N.C. Industrial Commission, effective immediately. Daughtridge will fill
the vacancy created when former Industrial Commission Chairman Andrew T. Heath was appointed
State Budget Director. Click
here
to view the news release about this appointment.
Commissioner Charlton Allen Named Chairman of the Industrial Commission
Governor Pat McCrory has designated
Charlton L. Allen as Chairman of the N.C. Industrial Commission, effective February 1, 2016.
He succeeds Andrew T. Heath, who was appointed State Budget Director, also effective
February 1, 2016. Click
here
to view the news release about this appointment.
NCIC Announces New Clerk’s Office and E-filing
Click here to read the related news release.
New Industrial Commission Rules, Effective February 1, 2016
Please click here to view the ten new and amended Industrial Commission rules, effective February 1, 2016. These rules will appear in the North Carolina Administrative Code on or before February 1, 2016. To access all current Industrial Commission rules, click here. The new Industrial Commission Electronic Filing rule is 04 NCAC 10A .0108. The rules that have been amended are 04 NCAC 10A .0101, 04 NCAC 10A .0404, 04 NCAC 10A .0405, 04 NCAC 10A .0502, 04 NCAC 10A .0609, 04 NCAC 10A .0609A, 04 NCAC 10A .0610, 04 NCAC 10A .0613, and 04 NCAC 10A .0617. The changes to 04 NCAC 10A .0101 went into effect on January 1, 2016.
The Rules Review Commission, at its December 17th meeting, approved the new rules. The rules
were initially adopted by the Industrial Commission on November 20, 2015 and were the subject
of a public hearing, held on October 20, 2015.
Register for Electronic Document Filing Portal (EDFP) Before February 1, 2016
Effective February 1, 2016, Industrial Commission Rule 04 NCAC 10A .0108 will require these documents be submitted electronically through the Electronic Document Filing Portal (EDFP).
To upload documents to the North Carolina Industrial Commission via EDFP, parties must first obtain a North Carolina ID (NCID), and then register with the Industrial Commission. Click here for EDFP Registration Instructions.
A tutorial regarding EDFP submissions may be found at the following location:
https://www.ic.nc.gov/land-fc.html.
NCIC Announces Deputy Commissioner Appointments
Click here
for more information regarding the appointment of five Deputy Commissioners.
NCIC Chairman Heath Appointed to Lead OSBM as State Budget Director
Click here
for more information regarding the appointment of NCIC Chairman Andrew T. Heath as State Budget
Director.
New Director of Employee Misclassification Appointed, Following Executive Order 83
Click here
for more information regarding Director of Employee Misclassification Bradley Hicks and the new
Employee Classification Section at the Industrial Commission.
Mandatory Training for Rehabilitation Professionals Update
Dates for the mandatory two-hour refresher course are now available in Raleigh, NC. Please see the
Mandatory Training Section on the
Medical Rehabilitation Nurses Section webpage for the registration form and
currently available dates and times. Please note there will be more dates and locations forthcoming as
well as online availability. Please check our webpage for updates which will appear the Mandatory Training Section.
The Rules for Utilization of Rehab Professionals in Workers’ Comp Claims are now available in Spanish
The Rules
for Utilization of Rehab Professionals in Workers’ Comp Claims, as well as the Summaries of
the Rules, are now available in Spanish. These documents can be found
here
or on the NCIC website under the Medical Rehab Nurses Section, under
the paragraph "Rules for Utilization of Rehab Professionals in Workers’ Comp Claims."
New Rules Approved
On December 17, 2015, the Rules Review Commission approved ten rules adopted by the Industrial
Commission. Seven of the ten rules were approved with technical corrections.
Click here for the
ten approved rules. No letters of objection were received. Therefore, these rules will go into
effect on February 1, 2016. One rule, 04 NCAC 10A .0101, will go into effect on January 1, 2016.
We are in the process of updating our rules page to reflect all rules currently in
effect and the rules that will change on January 1, 2016 and February 1, 2016.
Governor Signs Executive Order to Combat Employee Misclassification
On December 18, 2015, Governor Pat McCrory signed
Executive Order No. 83,
establishing the Employee Classification Section
within the North Carolina Industrial Commission.
The new section will share information and otherwise collaborate with other state agencies,
including the Departments of Revenue, Labor, and Insurance, and the Division of Employment
Security, to identify businesses that improperly classify their employees as independent
contractors, a practice that puts workers at risk, puts ethical business at a competitive
disadvantage, and deprives the state of significant revenue. The new section’s Director
will be appointed by Chairman Heath and will serve as the point of contact for all reported
instances of employee misclassification.
Proposed Industrial Commission Rules
The Industrial Commission held a public hearing on October 20, 2015, regarding its proposed
e-filing and other rules. Please click
here for the transcript
of the public hearing and the proposed rules. The written comment period ended
November 17, 2015. One written comment was
received. Click here
to review the comment. The rules were adopted by the Industrial Commission without changes
and filed with the Rules Review Commission on November 20, 2015. It is anticipated that the
Rules Review Commission will review the adopted rules at its December 17, 2015 meeting.
Industrial Commission Holds Hearings at Campbell Law
Please click here for an announcement
regarding the Industrial Commission’s recent hearings at Campbell Law.
OJSV Disburses Second Round of Eugenics Compensation Payments
Please click
here
for a news release from the Office of the Governor regarding eugenics compensation payments.
Industrial Commission Appoints New Administrator
Please click
here for an announcement regarding
the appointment of a new Administrator.
Registering for Electronic Document Filing Portal (EDFP)
The North Carolina Industrial Commission now accepts these documents electronically through the Electronic Document Filing Portal (EDFP). This is the preferred method of submission for these documents.
To upload documents to the North Carolina Industrial Commission via EDFP, parties must first
obtain a North Carolina ID (NCID), and then register with the Industrial Commission. Click
here for EDFP Registration
Instructions.
Additional Forms and Documents Will be Accepted Online via EDFP, Effective August 19, 2015
Effective August 19, 2015, additional forms and documents may be uploaded through the Industrial Commission Electronic Document Filing Portal (web portal). Click here for a list of the documents that may now be uploaded via EDFP. EDFP is the preferred method for submitting the documents on this list.
To use the web portal, document submitters must obtain an NCID (North Carolina ID) and request access to NCIC applications. Registering for EDFP Instructions can be found here.
Training Materials for assistance with
the web portal can be found here.
Important Announcement Regarding Forms 21, 24, 26, and 26A Submission
Effective August 19, 2015, the submission of Forms 21, 24, 26, and 26A via the Industrial Commission Electronic Document Filing Portal (web portal) no longer requires the document submitter to use the “Pay Later” functionality. A new “Submit” button will deliver the documents to the Industrial Commission.
New Training Materials are available
for assistance with this new functionality.
Notice of Meeting
The Chairman’s informal advisory council will meet at 11:00 a.m. on October 14, 2015,
in Room 303 of the Raleigh Convention Center,
500 South Salisbury Street, Raleigh, NC 27601.
Industrial Commission Releases Fiscal Year 2014-15 Annual Report
The Commission has released its Fiscal Year 2014-15 Annual Report. Please click
here to view the report.
Administrator Walt Gray to Join NCDOT
Please click here for
an announcement regarding Administrator Walt Gray.
Important Announcement Regarding Compromise Settlement Agreement Submission
Effective August 19, 2015, Compromise Settlement Agreements may be submitted via the
Industrial Commission’s Electronic Document Filing Portal (web portal) with a
Certification of Payment in lieu
of a payment via credit card or eCheck. The Certification of Payment must be uploaded with
the Compromise Settlement Agreement submission. To learn about uploading Compromise
Settlement Agreements and other documents using the web portal, click
here.
NOTICE OF PROPOSED INDUSTRIAL COMMISSION RULES - September 15, 2015
Please click here to
view a notice regarding rule changes proposed by the Commission, including the public
hearing date and the written comment period for the proposed rules. The notice contains
website links for the fiscal note approved by the Office of State Budget and Management
regarding the proposed rules.
New Deputy Commissioners Appointed
Please click
here for
a news release regarding deputy commissioner appointments.
Industrial Commission Focuses on Combating Fraud;
Collects Nearly $1 Million for Public Schools
Please click
here for
a news release regarding the Industrial Commission’s fraud and compliance
enforcement initiatives.
ICD-10 Diagnosis Codes Required as of October 1, 2015
Beginning October 1, 2015, pursuant to N.C. Gen. Stat. § 97-26(g1) and in alignment with federal regulations, the applicable administrative standard for diagnosis code sets for medical billing and reporting in North Carolina workers’ compensation cases will transition to the International Classification of Diseases, 10th Edition, Clinical Modification and Procedure Coding System (ICD-10), from the 9th Edition (ICD-9).
Although there have been previous delays in the implementation of the ICD-10 code sets, the Industrial Commission will continue to follow the timeframe set by the Centers for Medicare and Medicaid Services (CMS).
All medical services provided on or after October 1, 2015, must be billed with ICD-10 diagnosis and procedure codes. Medical services provided before October 1, 2015 must continue to be billed with ICD-9 diagnosis and procedure codes. Health care providers should follow CMS’s guidelines for billing claims that overlap the ICD-10 implementation date.
For more information about the transition, please visit the CMS website at
https://www.cms.gov/Medicare/Coding/ICD10/Index.html.
Medical Fee Schedule Changes, Effective July 1, 2015
Please click here for a notice regarding the changes to
the Workers’ Compensation Medical Fee Schedule that are effective July 1, 2015. The
notice links to Frequently Asked Questions that provide information and guidance regarding
the changes to the Medical Fee Schedule.
No Fee for Filing the Form 21, 26, or 26A, Effective July 1, 2015
Effective July 1, 2015, the North Carolina Industrial Commission will no longer require a fee for the filing and processing of the Form 21, 26, or 26A.
If you are submitting the Form 21, 26, or 26A via EDFP, you must select the “Pay Later” option. Effective July 1, 2015, when a Form 21, 26, or 26A is submitted via EDFP and the “Pay Later” option is chosen, Claims Administration will manually override the invoice within one day of receiving the Form 21, 26, or 26A. Accordingly, no “payment” will be due and the Form 21, 26, or 26A will be ready for processing. The Commission is in the process of reprogramming EDFP to eliminate the need to select “Pay Later” and to override the invoice.
Please note that all Form 21, 26, or 26A’s submitted prior to July 1, 2015 will still require the $300.00 processing fee.
Should you have any questions, please contact the Industrial Commission at 919-807-2637.
Chairman Heath's Law Clerk Is Now Megan Jost
Thomas Perlungher, Chairman Heath's Law Clerk, has been appointed as a Deputy Commissioner and will no longer be serving as Chairman Heath's Law Clerk, effective April 23, 2015. Megan Jost will be serving as the Chairman's Law Clerk. Please send all motions, correspondence, and updates for Chairman Heath to megan.jost@ic.nc.gov.
Megan Jost joined the Industrial Commission in 2010 and has served as Law Clerk
to former Commissioner Dianne Sellers and to current Commissioner Linda Cheatham.
Prior to joining the Industrial Commission, Ms. Jost served as a Hearing Officer
with the North Carolina Division of Employment Security and practiced real estate
and insurance defense law in Massachusetts. Ms. Jost is a Phi Beta Kappa graduate
of the University of Illinois and she earned her J.D. from Boston College Law School.
Thomas Perlungher Appointed Deputy Commissioner
Chairman Andrew T. Heath announced today that he has appointed Thomas Perlungher to serve as a Deputy Commissioner. Perlungher will serve out the remainder of Deputy Commissioner Theresa Stephenson's term. Stephenson left the Industrial Commission earlier this month to accept a position with the North Carolina Department of Public Safety.
Thomas Perlungher has been serving as Law Clerk at the Industrial Commission
since 2010, first for Commissioner Danny Lee McDonald and most recently for Chairman Heath.
Before joining the Industrial Commission, Perlungher was a Hearing Officer at the Division
of Employment Security; and from 2004 to 2008, Perlungher served as an Assistant District
Attorney in North Carolina's 8th District, where he prosecuted cases in Wayne, Lenoir, and
Greene counties. Prior to his work as an ADA in North Carolina, Perlungher practiced Real
Estate law in Massachusetts from 2002 to 2004. Perlungher is a Phi Beta Kappa graduate of
the University of Vermont and earned his J.D. from Wake Forest University in 2002.
Medical Fee Schedule Changes, Effective April 1, 2015
Please click here for a notice regarding changes
to the Workers' Compensation Medical Fee Schedule, effective April 1, 2015. The notice
links to Frequently Asked Questions that provide information and guidance regarding the
changes to the Medical Fee Schedule.
Rule 1001 Medical Practice Guidelines and Peer Reviewer Profiles
Insurance companies and other entities that wish to upload Rule 1001 Medical Practice Guidelines,
Rule 1001 Peer Reviewer Profiles, and related documents and correspondence for the Commission to view
should email execsec@ic.nc.gov for instructions.
Fraud and Compliance Unit Steps Up Investigations
Please click here to view the news release
regarding the Industrial Commission's fraud and compliance enforcement initiatives.
New Deputy Commissioner Appointed
Chairman Andrew T. Heath announced today that he has appointed David M. Hullender to serve as a deputy commissioner. Hullender is replacing Stephen T. Gheen. Gheen left the Industrial Commission at the end of February to accept a position with the Durham County District Attorney's Office. Hullender will begin working with the Industrial Commission on April 20, 2015, giving him time to wind down his practice.
Hullender is currently in private practice with the firm of David M. Hullender, P.A. in
Kings Mountain, North Carolina. Prior to starting his own firm, Hullender was an associate with
George B. Thomasson, P.A. from 1990 until 2001. Hullender serves on the North Carolina
Indigent Defense Services Commission and is the chairman of the Kings Mountain ABC Board. He is a
graduate of the University of North Carolina, North Carolina Central University Law School,
magna cum laude, and earned an LL.M in Taxation from the University of Florida School of
Law.
Revised Industrial Commission Medical Fee Schedule Rules
Please click here to view
the news release regarding approval of new Medical Fee Schedule rules.
N.C. Industrial Commission Fee Schedule
Click here to view the new North Carolina Industrial Commission
Fee Schedule, effective November 1, 2014.
Deputy Commissioner Appointments
Please click
here to read the news release regarding the
appointment of seven deputy commissioners.
Provisional Form 25PR and Preauthorization Review
Industrial Commission
Rule 04 NCAC 10A .1001,
Preauthorization for Surgery and Inpatient Treatment, became effective on November 1, 2014. This
rule sets out the procedures to be followed by insurers and health care providers regarding
preauthorization of surgery or inpatient treatment. To comply with
Rule 04 NCAC 10A .1001(k),
health care providers may use the provisional Industrial Commission
Form 25PR,
Request for Preauthorization of Medical Treatment. The Commission will begin rulemaking
procedures for this form in the near future.
New Industrial Commission Rules Effective November 1, 2014
Please click here to view all Industrial Commission rules, including the new rules effective November 1, 2014. You may also access the rules via "Attorneys" and "Links" on the Industrial Commission homepage. The new Industrial Commission fee rules are Rules 04 NCAC 10E .0202 and 04 NCAC 10E .0203. The increased fees are as follows:
Mediator's Report: $200
Form 21/26/26A: $300
CSA (“Clinchers”): $400
Mandatory Rehabilitation Professionals Training
The comprehensive course entitled Workers' Compensation Case Management in NC: A Basic Primer for Medical and Vocational Case Managers will be offered on Wednesday, December 10, 2014 at the Auditorium of the Archives and History/State Library Building, 109 East Jones Street, Raleigh, NC from 8:00 a.m. until 5:00 p.m. The course will be available via webinar. This course meets the N.C. Industrial Commission's mandatory requirement for Rehabilitation Professionals pursuant to 04 NCAC 10C .0105 (e) (2) of the Commission's Rules for Utilization of Rehabilitation Professionals in Worker's Compensation Claims. For class availability and registration, click here. If you have questions, contact Caron Cross at 919-807-2618 or via e-mail caron.cross@ic.nc.gov.
Mandated two-hour refresher courses, pursuant to
04 NCAC 10C .0105 (f)
of the N.C. Industrial Commission's Rules for Utilization of Rehabilitation Professionals
in Worker's Compensation Claims will begin in late 2015.
Important Announcement Regarding Form 24 Submission
As of November 1, 2014, there will no longer be a fee for the processing of a Form 24 Application. In addition, as of November 1, 2014, Rule 04 NCAC 10A .0404 requires submission of Form 24 Applications to the Commission via the Electronic Document Fee Portal (EDFP). See registration information for EDFP at /land-fc.html.
When submitting a Form 24 Application via EDFP, it will appear as if there is still a fee of $175.
Please click "Pay Later" and the fee will be deleted by the Commission upon processing. No charges or
delays will be incurred. If you have any questions about this announcement, please contact
Meredith Henderson, Executive Secretary, at 919-807-2575.
Industrial Commission Rules Update -- New rules effective November 1, 2014
On October 16, 2014, the Rules Review Commission approved ten rules adopted by the Industrial Commission pursuant to Session Law 2014-77. Click here for the ten approved rules. No letters of objection were received. Therefore, these ten rules will go into effect on November 1, 2014.
In addition, all new workers' compensation rules and vocational rehabilitation rules adopted and approved in 2012 and 2014 that have been held in abeyance will go into effect on November 1, 2014.
Please click here to see the mark-up versions
of the new rules that will go into effect on November 1, 2014. We are in the process of updating our
rules page to reflect all rules currently in effect and the rules that will change on November 1, 2014.
New Procedure for Contempt
Effective immediately, the North Carolina Industrial Commission has created a dedicated e-mail
inbox for Motions to Show Cause and related correspondence and filings:
contempt@ic.nc.gov. Pursuant to N.C. Gen. Stat. § 5A-23(a1),
all motions must include a sworn statement or affidavit by the aggrieved party setting
forth the reasons why the alleged contemnor should be held in civil contempt. Upon review of the
Motion and any response filed by the respondent, an Order to Show Cause may issue, and the matter
will calendared on the next available Contempt Hearing Docket.
Industrial Commission Rules Update
Pursuant to the requirements set out in Senate Bill 794 (Session Law 2014-77), on September 25, 2014, the Industrial Commission submitted 10 adopted permanent rules for review by the Office of Administrative Hearings. Click here to view the adopted rules. It is anticipated that these rules will be considered by the Rules Review Commission at its October 16, 2014 meeting.
The Commission will continue to provide updates regarding rulemaking on this page of the Industrial
Commission's website. Should you have any questions, please call Meredith Henderson at (919) 807-2575
or Ryan Boyce at (919) 807-2582.
N.C. Industrial Commission New Fraud Alerting Tool Results
in Criminal Charges Against Noninsured Employers
A new fraud alerting tool, which the N.C. Industrial Commission launched on April 14, 2014,
has resulted in criminal charges against five noninsured Guilford County employers. For details
about how the Commission used the Noncompliant Employer Targeting System (NETS), click
here.
Industrial Commission Rules Update
Pursuant to the requirements set out in Senate Bill 794 (Session Law 2014-77), the Industrial Commission submitted 10 proposed permanent rules to the Office of Administrative Hearings for publication. The proposed rules were published on the Office of Administrative Hearings website on August 14, 2014. To access the proposed rules, click here.
The Commission will hold a public hearing on the proposed rules on September 8, 2014 at 10:00 a.m. The public hearing will be held in Room 2173 of the Dobbs Building, 430 North Salisbury Street, Raleigh, NC 27603. The public may also send written comments regarding the proposed rules to meredith.henderson@ic.nc.gov from August 20, 2014 to September 15, 2014.
The Commission will continue to provide updates regarding rulemaking on this page of the
Industrial Commission's website. Should you have any questions, please call Meredith Henderson at
(919) 807-2575 or Sumit Gupta at (919) 807-2684.
Form 19's Must Be Submitted via EDI
On June 1, 2014, it became mandatory that all first reports of injury (FROI) for injuries
occurring after April 1, 1997 be filed electronically via EDI unless the claim qualifies for
one of two exceptions. The only exceptions to electronic filing of FROI's are claims (1) in
which a Form 18 was previously filed and a six-character alphanumeric number has already been
assigned, or (2) for an occupational disease in which a Form 18B has already been filed. The
North Carolina Industrial Commission Claims Administration will begin actively monitoring
paper Form 19's which arrive on or after August 1, 2014. If any paper Form 19 is received on
or after August 1, 2014 and it does not meet one of the two exceptions noted above, the form
will be returned without processing and it must be resubmitted as a FROI via EDI. If you have
any questions, please contact the North Carolina Industrial Commission at
ncicedi@iso.com or you may call Claims Administration at
919-807-2502.
New Medical Motion Procedures
Senate Bill 794 (Session Law 2014-77), which was signed by Governor Pat McCrory on July 22, 2014,
made significant changes to N.C. Gen. Stat. § 97-25, revising the procedures for the handling of
disputes regarding medical treatment in accepted workers' compensation cases. These new
procedures are effective as of July 22, 2014. Please click
here to review
Senate Bill 794 (Session Law 2014-77). Please click
here
for general guidelines for the filing of medical motions and related appeals under the revised
statutory procedures.
Industrial Commission Rules Update
In January 2014, the Industrial Commission submitted 35 proposed permanent rules to the N.C. Office of Administrative Hearings for appropriate publication. The Rules Review Commission approved all 35 rules during its March and April meetings. However, eight of the rules received ten or more letters of objection and were subjected to legislative review.
On July 22nd, Senate Bill 794 was signed into law by Governor Pat McCrory. Senate Bill 794 (Session Law 2014-77) disapproved the eight rules mentioned above, as well as two additional rules made by Industrial Commission in 2012 and 2014. This law provides guidance on how to revise the ten disapproved rules and requires that the new rules be re-adopted through the temporary rulemaking process in time for potential legislative review during the General Assembly's 2015 Regular Session.
Senate Bill 794 does not affect the rules that became effective July 1, 2014. To access all rules that are currently in effect, click here .
The Industrial Commission will continue to provide updates on the status of its rules on this page of
the Industrial Commission's website. Should you have any additional questions, please call Meredith Henderson
at (919) 807-2575 or Sumit Gupta at (919) 807-2684.
New Commissioner Charlton Allen Is Sworn In
After confirmation by the General Assembly, Charlton L. Allen was sworn in
on July 1, 2014 to serve on the North Carolina Industrial Commission. Click
here
to view a news release regarding this nomination.
Industrial Commission Announces Policies Designed to Promote Swifter Decisions and Revised Uniform Pre-Trial Order and Subpoena Form
The Industrial Commission will be implementing changes designed to responsibly lessen the
time required to render decisions in contested cases. Specifically, for all cases in which
requests for hearing are filed after July 1, 2014, the Commission will be reducing the
mediation timeframe from 6 months to 5 months. Effective July 1, 2014 (regardless of when the
request for hearing was filed), the Commission will be utilizing a revised Uniform Pre-Trial
Order, a revised Subpoena Form, and will also be implementing two internal policies. The first
policy will eliminate unnecessary continuances, and the second policy will require Deputy
Commissioners to enter Opinions within 90 days of the close of the hearing record, rather than
180 days as allowed by N.C. Gen. Stat. § 97-84. Links to the revised mediation timeframe,
internal continuance policy, and a copy of the revised Uniform Pre-Trial Order (including the
revised Subpoena Form) can be found here:
Mediation Timeframe,
Continuance Policy, and
Uniform Pre-Trial Order.
Industrial Commission Rules Update
Click here to access the new and revised Industrial Commission rules that will be effective July 1, 2014. The new and revised rules are in the following Subchapters:
- 10B (Tort Claims Rules)
- 10D (Managed Care Organizations)
- 10E (Administrative Rules)
- 10F (Electronic Billing Rules)
- 10G (Rules for Mediated Settlement and Neutral Evaluation Conferences)
- 10H (Rules Relating to the Law Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil Air Patrol Members' Death Benefits Act)
- 10I (Childhood Vaccine-Related Injury Rules)
- 10J (Fees for Medical Compensation)
- 10L (Industrial Commission Forms)
There are eight permanent rules adopted by the Industrial Commission pursuant to Session Law 2013-294 that are subject to legislative review pursuant to N.C. Gen. Stat. §150B-21.3(b2). Click here to view the permanent rules subject to legislative review.
The Industrial Commission will continue to provide updates on the status of its rules on this page
of the Industrial Commission's website. Should you have any additional questions, please call
Meredith Henderson at (919) 807-2575.
2014 CPT Codes Added to and Deleted from the NCIC Medical Fee Schedule
Pursuant to
N.C. Gen. Stat. § 97-26(a),
the Industrial Commission has added new fees to the
Medical Fee Schedule for 2014 current procedural terminology (CPT) codes released by the
American Medical Association. The Industrial Commission also has deleted certain CPT codes.
These changes are effective for January 1, 2014. Click
here for the lists of added and deleted codes.
Industrial Commission Adopts New CMS-1500 for Medical Bills
The National Uniform Claim Committee (NUCC) revised the CMS-1500 form in 2012. CMS discontinued
acceptance of the CMS-1500 (08-05), effective April 1, 2014, and adopted the new
CMS-1500 (02-12).
Effective April 1, 2014, the Industrial Commission requires that providers who submit paper medical
bills to carriers and third-party administrators use the CMS-1500 (02-12).
How to Request an Audio Recording of a Hearing
Anyone wishing to request an audio recording of a hearing should send an e-mail to the new dedicated e-mail address: audiorequests@ic.nc.gov. Your request will be processed and you will receive a response outlining the technical requirements to get the audio recording you requested.
The cost of each audio recording is $25.00. For hearings taking place over the course of more than one day, there will be a separate audio recording, and a separate $25.00 charge for each day. If you have any questions about this, please contact us at audiorequests@ic.nc.gov or by phone at 919-807-2504. Requests or inquiries by mail should be addressed to:
NC Industrial Commission
Docket Section
1236 Mail Service Center
Raleigh, NC 27699-1236
Thank you for your cooperation!
Commissioner Nominee
Governor Pat McCrory has nominated Charlton L. Allen to serve as a Commissioner on the North
Carolina Industrial Commission. Click
here
to view a news release regarding this nomination.
Electronic Medical Billing and Payment
Pursuant to N.C. Gen. Stat. § 97-26(g1), the Industrial Commission was directed to adopt rules requiring electronic medical billing and payment processes. The Industrial Commission subsequently adopted Electronic Billing Rules 101-109 in 2012. These rules were then held in abeyance in conjunction with other rule making efforts and to allow the Commission to develop an implementation guide. The Electronic Billing and Payment Companion Guide is now in final form and ready for publication. Click here for access to the guide. This guide can also be accessed on the Commission's webpages for Carriers and for Medical Providers.
The date for implementation of electronic medical billing in the adopted rules referenced above is
March 1, 2014. The Commission received and considered feedback and multiple requests for extensions of
the March 1, 2014 deadline from employers, carriers, third-party administrators, and medical billing
companies. In order to allow these stakeholders additional time for preparation, the Commission will
not require compliance with the Electronic Billing Rules until July 1, 2014, with regard to
electronic medical billing processes. The rules and portions of the companion guide that govern and
require electronic medical payment processes will not be mandatory until January 1, 2015.
No additional extensions will be granted.
Medical Bill Reporting Electronic Data Interchange (EDI)
In response to requests from employers, carriers, and third-party administrators, the Industrial Commission
will delay the mandatory implementation date for Medical Bill Reporting via EDI from March 1, 2014, to July 1,
2014. This purpose of this postponement is to allow these stakeholders additional time for preparation and
necessary programming. No additional extensions will be granted.
Important Announcement Regarding Rules and Forms for Claims for the Eugenics Asexualization and Sterilization Program
The Industrial Commission has adopted Temporary Rules governing claims for compensation from the Eugenics Asexualization and Sterilization Program. The Temporary Rules were approved by the North Carolina Office of Administrative Hearings, Rules Review Commission. The Temporary Rules are effective as of December 3, 2013. Click here to view the temporary rules. Click here for links to the related claim and appeal forms at the top of the right-hand column of the Forms page.
Session Law 2013-360, which provided for compensation to victims of eugenics, asexualization, and sterilization under certain circumstances, became effective on July 26, 2013. To be eligible for compensation, an individual must be alive on June 30, 2013, and have been involuntarily asexualized or sterilized under the authority of the Eugenics Board of North Carolina pursuant to Chapter 224 of the Public Laws of 1933 or Chapter 221 of the Public Laws of 1937.
A claim for compensation must be filed on or before June 30, 2014. The claim must be filed directly with the Office of Justice for Sterilization Victims at 1330 Mail Service Center, Raleigh, NC 27699-1330. Click here for the claim form. Following the submission of a claim to the Office of Justice for Sterilization Victims, the claim will be reviewed and adjudicated by the Industrial Commission. Compensation will not be paid until June 30, 2015, pursuant to Session Law 2013-360.
Pursuant to Session
Law 2013-360, the Office of Justice for Sterilization Victims shall assist an individual who may
be a qualified recipient. The hotline telephone number for the Office of Justice for Sterilization
Victims is (877) 550-6013.
Important Announcement Regarding EDI FROI/SROI Reporting
Effective immediately, the North Carolina Industrial Commission is suspending the acceptance of Claims EDI
transactions for SROI (Subsequent Report of Injury) reports. The Commission will continue to accept and process
Claims EDI transactions for FROI (First Report of Injury) reports with the exception of the FROI 04 Denial.
In order to maintain the integrity and efficiency of the administration and adjudication of workers' compensation claims,
the Commission will be pursuing an IRR (Issue Resolution Request) with the IAIABC (International Association of Industrial
Accident Boards and Commissions). The goal of the IRR would be to allow carriers and employers to report specific body
parts for which liability and compensability are accepted and/or denied. The Commission will provide updates on the
progress of the IRR and future plans for SROI reports as they become available. Additional information about these changes
is available at www.ncicedi.info.
Revised Form 23 Application to Reinstate Payment of Disability Compensation
Please see the revised Form 23 Application
to Reinstate Payment of Disability Compensation, which contains minor revisions reflecting the recent
changes to N.C. Gen. Stat. § 97-18(k)
(see Session Law 2013-294,
Senate Bill 174, Page 1, Section 3). Effective immediately, only the revised Form 23 should be
used. Please update your system, so that the old Form 23 is no longer used.
Eugenics Asexualization and Sterilization Compensation Program
Session Law 2013-360, which provided for compensation to victims of eugenics, asexualization, and sterilization under certain circumstances, became effective on July 26, 2013. Pursuant to Session Law 2013-360, the Office of Justice for Sterilization Victims shall assist an individual who may be a qualified recipient. The hotline telephone number for the Office of Justice for Sterilization Victims is (877) 550-6013.
Under Session Law 2013-360, the Industrial Commission is responsible for administering hearings to determine who is eligible for compensation. The Industrial Commission is collaborating with the North Carolina Office of Justice for Sterilization Victims to ensure proper administration of Session Law 2013-360.
To be eligible for compensation, an individual must be alive on June 30, 2013 and have been involuntarily asexualized or sterilized under the authority of the Eugenics Board of North Carolina pursuant to Chapter 224 of the Public Laws of 1933 or Chapter 221 of the Public Laws of 1937.
An individual must submit a claim for compensation on or before June 30, 2014. The claim should be submitted in writing on the claim form prescribed by the Industrial Commission directly to the Office of Justice for Sterilization Victims at 1330 Mail Service Center, Raleigh, NC 27699-1330
A claim may be submitted on behalf of a claimant by a person lawfully authorized to act on the individual's or the individual's estate's behalf. Click here for the claim form.
Compensation will not be paid until June 30, 2015, pursuant to Session Law 2013-360.
The Industrial Commission has adopted Temporary Rules that have been submitted to the North Carolina Office of Administrative Hearings, Rules Division. Click here for the Adopted Temporary Rules. A hearing will be held on Thursday, November 21, 2013, at 10:00 a.m. in the Rules Review Commission's hearing room at 1711 New Hope Church Road, Raleigh, NC.
We will provide updates throughout the rule making process on the “Latest News” tab of the Industrial Commission's
website. Should you have any additional questions, please call the
Industrial Commission's Information Specialists at (800) 688-8349 or (919) 716-1700.
Update Regarding NCIC Rules
Pursuant to Session Law 2013-294, known as Senate Bill 174 to Disapprove Industrial Commission Rules, the Industrial Commission will be reviewing the disapproved rules and complying with Section 11 of the bill. In the interim, the Industrial Commission will continue to operate under the rules as set forth on our website:
https://www.ic.nc.gov/ncic/pages/abtrules.htm
In light of Section 4 of Session Law 2013-294, the Industrial Commission will be taking the necessary steps to review the new statutory process and the existing Rule 609A Medical Motions and Emergency Medical Motions. If the existing Rule 609A conflicts with Section 4 of Session Law 2013-294, the Industrial Commission will provide notification of any process to repeal Rule 609A.
On January 1, 2013, two new rules became effective and have been updated on our website: 04
NCAC 10A .0301 Proof of Insurance Coverage
and 04 NCAC 10J .0101 Fees for Medical Compensation.
No additional changes have been made to the Industrial Commission's rules at this time.
Update Regarding Medical Fee Schedule
On January 1, 2013, the Industrial Commission enacted 04 NCAC 10J .0101 Fees for Medical Compensation. This new rule revised the payment structure for medical treatment under the Commission's Medical Fee Schedule and Hospital Fee Schedule. These adjustments were made on staggered dates: (1) January 1, 2013; (2) February 1, 2013; and (3) April 1, 2013. The Industrial Commission has provided three notices regarding these changes and encourages all insurance carriers, self-insured groups and administrators, and managed care organizations to make timely and accurate payment for medical services in accordance with the rule and guidance provided in the following notices:
- January 16, 2013 announcement for January 1, 2013 changes: https://www.ic.nc.gov/011613notice.pdf
- January 30, 2013 announcement for February 1, 2013 changes: https://www.ic.nc.gov/013013notice.pdf
- March 22, 2013 announcement for April 1, 2013 changes:
https://www.ic.nc.gov/ncic/pages/032213notice.pdf
Deadline for Mandatory Rehabilitation Professionals Training Was July 1, 2013
The N.C. Industrial Commission has adopted a mandatory requirement for Rehabilitation
Professionals. Effective July 1, 2011, every Rehabilitation Professional providing
rehabilitation services shall be required to complete the comprehensive course entitled Workers'
Compensation Case Management in NC: A Basic Primer for Medical and Vocational Case Managers, in
order to be recognized as "Qualified" under Section IV of the
NCIC Rules for Rehabilitation
Professionals. The deadline for completion by RPs currently practicing rehabilitation has
passed (7/1/2013), and the NCIC Registry for Workers' Compensation Rehabilitation Professionals
on this website has been updated accordingly. Click here to read the
March 17, 2011 Minutes for more details.
For class availability and registration, click
here. If you have
questions, contact Caron Cross at 919-807-2618 or via e-mail
caron.cross@ic.nc.gov.
Expedited, Emergency, and Other Medical Motions to Be Filed with Office of Chief Deputy Commissioner
Senate Bill 174 became law on July 18, 2013, when it was signed by Governor Pat McCrory. Effective August 1, 2013, in compliance with N.C. Gen. Stat. § 97-25(f) (see Session Law 2013-294, Senate Bill 174, Page 2, Section 4), expedited, emergency, and other medical motions shall be filed with the Office of the Chief Deputy Commissioner at medicalmotions@ic.nc.gov.
See Session Law 2013-294,
Senate Bill 174 for other
changes to the Workers' Compensation Act.
Full Commission Calendars to Be Distributed via E-Mail
The North Carolina Industrial Commission announces that, beginning with hearings for the month of September, 2013, Full Commission hearing
calendars will be transmitted only by electronic mail to legal representatives of parties in cases scheduled to be heard by the Full Commission.
Pro se parties will continue to receive a paper copy of the calendar through the U.S. Mail.
Payment of Invoices
The Industrial Commission is implementing revised invoicing procedures with respect to the
assessment of hearing costs. If a party is assessed hearing costs in an Order or Opinion &
Award, the assessed party will be invoiced.
Deadline for Mandatory Rehabilitation Professionals Training is July 1, 2013
The N.C. Industrial Commission has a mandatory requirement for Rehabilitation Professionals. Effective
July 1, 2011, every Rehabilitation Professional providing rehabilitation services is required to complete
the comprehensive course entitled Workers' Compensation Case Management in NC: A Basic Primer for Medical
and Vocational Case Managers, in order to be recognized as "Qualified" under Section IV of the
NCIC Rules for Rehabilitation Professionals.
For information on class availability through the Carolinas Chapter of the International Association of
Rehabilitation Professionals (IARP),please contact Jane Rouse or Jodie Nolf with Southern Rehab Network
at 919-781-3149 or 800-772-8914; or send an e-mail to
jane.rouse@southernrehab.net or
jodie.nolf@southernrehab.net.
New Commissioner Confirmed for the Industrial Commission
Andrew T. Heath has been confirmed by the General Assembly to serve on the Industrial Commission.
Click
here
to view the news release making the appointment by Governor Pat McCrory.
Insurance Coverage Search System
Pursuant to Section 58-36-17 of the North Carolina General Statutes (see Section 1.(b) of Session Law 2012-135, as modified by Section 65.5 of Session Law 2012-194; modified by Section 1. of Session Law 2013-20), please find data here for workers' compensation insurance policy information that includes the employer name and address, carrier name and address; policy number; policy effective dates; policy cancellation dates; and policy reinstatement dates.
DISCLAIMER: Coverage information shown on this database is not proof of, evidence or
verification of workers' compensation insurance. The coverage information shown on this website may not
reflect changes (cancellations or reinstatements) that have not yet been reported to the Industrial Commission
or the North Carolina Rate Bureau or that have been reported within the last thirty (30) days. Information
obtained from this website should be verified with the employer and/or the insurer. An insurer, employer,
injured worker, licensed health care provider or attorney involved in a pending workers' compensation claim
who is unable to locate coverage information using this database may contact the Industrial Commission directly
to obtain more information.
Notice to Physicians and Carriers Regarding Prepayment of Negotiated Rates for IMEs and Second Opinions
The Workers' Compensation Act does not include, and the Commission has not established, a specific prohibition
on prepayment of negotiated rates for independent medical examinations (IMEs) and second opinion examinations.
Efforts by the Commission to establish such procedures are subject to the rulemaking requirements contained in
Chapter 150B of the General Statutes. Accordingly, parties may continue the practice of prepayment of negotiated
rates for IMEs and second opinions.
Updated Hospital Fee Schedule, Effective April 1, 2013
Pursuant to 04 NCAC 10J .0101, see this notice
regarding recent revisions to the Fees for Medical Compensation.
Industrial Commission Audit Complete
The North Carolina Office of the State Auditor has released the Performance Audit for the Workers' Compensation Program,
which includes the official response from the Commission. Click here to review the audit
and response.
Video Presentation: Employers' Workers' Compensation Obligations
A video presentation on employers' obligations with respect to workers' compensation insurance
is now available on the Employers page of the Commission's
website.
Updated Hospital Fee Schedule, Effective February 1, 2013
Pursuant to 04 NCAC 10J .0101, see this notice
regarding recent revisions to the Fees for Medical Compensation.
Updated Medical Fee Schedule, Effective January 1, 2013
Pursuant to 04 NCAC 10J .0101, see this notice
regarding recent revisions to the Fees for Medical Compensation.
Update Regarding NCIC Rules
The Industrial Commission announces that the adopted rules have been approved by the Rules Review Commission. On January 1, 2013, two new rules became effective, 04 NCAC 10A .0301 Proof of Insurance Coverage and 04 NCAC 10J .0101 Fees for Medical Compensation.
The Medical Fee Schedule has been updated to reflect the changes in accordance with 04 NCAC 10J .0101(c). Click here for the updated Medical Fee Schedule.
Pursuant to G.S. §150B-21.3(b2), a portion of the approved rules are subject to legislative
review. All remaining approved rules have a delayed effective date, to be determined
in accordance with the legislative review. Click here for the
rules subjected to legislative
review and the approved rules with a delayed
effective date.
Enhanced Document Portal with Pay-Later Capability Now Available
An enhanced version of the Commission's Electronic Document and Fee Portal (EDFP) is now available on our website. Using this enhanced system, you can now file Compromise Settlement Agreements, Form 21's, Form 24's, Form 26's and Form 26A's; you can make payment for the fees for these filings immediately or within 10 days. The system will generate an online invoice (and email a copy of the invoice), which can be used by you or a third party to make payment using the online payment system available through the NC Industrial Commission's website. As long as payment of the fee in full is made within 10 days, the documents filed will be processed.
To upload documents to the N.C. Industrial Commission via EDFP, parties must first obtain a North Carolina ID (NCID) and then register with the Industrial Commission.
For more information, please click here for the training videos
and click here for the EDFP registration instructions.
To sign up for or file documents using EDFP, click here.
To pay an invoice, click here.
NCIC Fraud Section Participates in Investigation of
PEO That Results in Federal Fraud Indictments
The Industrial Commission's Fraud Section Criminal Investigation Unit participated in an
investigation of a professional employer organization (PEO) in North Carolina with the
Internal Revenue Service and Federal Bureau of Investigation. The investigation resulted
in multiple federal fraud indictments against Arthur S. Weiss. READ MORE at this
link.
NCIC Adopts CPT Codes Released by the American Medical Association
The N.C. Industrial Commission has adopted current
procedural terminology (CPT) codes pursuant to the new 2012 release by the American Medical Association,
as well as the deletion of certain codes.
Notification of Uninsured Employer Penalty Hearing Docket
N.C. Gen. Stat. § 97-93(a) requires
employers in the State of North Carolina to carry insurance or prove financial ability to pay for
benefits available under the Workers' Compensation Act. The Industrial Commission reviews claims
filed by injured workers to determine the employer's insurance status. If the employer is determined
to be uninsured, the employer will receive this
letter and be placed on a hearing docket.
NCIC Adopts a New Medical Provider Fee Dispute Resolution Procedure
The N.C. Industrial Commission has adopted a new
Medical Provider Fee Dispute Resolution Procedure, pursuant to
N.C. Gen. Stat. § 97-26(i).
Electronic Document and Fee Portal [EDFP] To Become MANDATORY
On October 31, 2011, the Industrial Commission implemented an Electronic Document and Fee Portal [EDFP] which allows users to simultaneously upload and electronically pay for the submission of Compromise Settlement Agreements and Forms 21, 24, 26 and 26A. This filing process will become MANDATORY in the future for all identified documents. Plans are to eliminate all filing processes other than EDFP for these documents.
Any feedback regarding the EDFP process may be sent to edfpfeedback@ic.nc.gov. A tutorial regarding the EDFP may be found at the following location: https://www.ic.nc.gov/land-fc.html.
Compromise Settlement Agreements and Forms 21, 24, 26,
and 26A Will Be Payable Online, Effective October 31, 2011
Effective October 31, 2011, Compromise Settlement Agreements (Clinchers), and Forms 21, 24, 26, and 26A may be uploaded and electronically paid through a new Industrial Commission Electronic Document and Fee Portal (web portal).
This new feature will require document submitters to first obtain an NCID (North Carolina ID). Obtaining the NCID can be done via https://ncic.my.site.com/s/?language=en_US by clicking on “Don't Have an NCID? Click Here.” Prevent delays in uploading documents by applying today for an NCID.
After obtaining your NCID, on
https://ncic.my.site.com/s/?language=en_US,
click “Request Authorization to Access NCIC Applications.” On the Application Security Request Page, enter
your NCID and click Submit. You will receive an e-mail notification after the appropriate
security permissions have been assigned.
NCIC Invoices Are Payable Online
Effective September 30, 2011, the North Carolina Industrial Commission's invoices
are payable online. Electronic checks and credit cards (MasterCard and VISA) will be
accepted. The payor must have the Invoice Number and I.C. File Number available, and
can access the Pay Online option from the LINKS menu option on the Industrial
Commission Home Page.
NCIC Adopts CPT Codes for Billing for Physician Interaction with Case Managers
The N.C. Industrial Commission has adopted CPT Codes for billing for physician interaction with
case managers. Click here to read the
June 23, 2011 Minutes.
The Workers' Compensation Act Has Been Modified as of June 24, 2011
House Bill 709 was signed by Governor Beverly Perdue and became effective as law on June 24, 2011. See
House Bill 709
for changes to Chapter 97—Workers' Compensation Act
Industrial Commission Adopts New Electronic Transcripts Policy
The N.C. Industrial Commission announces that effective July 21, 2011, only
electronic transcripts and exhibits will be forwarded to the legal representative
for parties appealing to the Full Commission. Pro se parties will continue
to receive a paper copy of the transcript through the U.S. Mail. The parties are
responsible for calculating the due dates of Briefs and Form 44s in accordance
with Rule 701(4) of the Workers' Compensation Rules of the N.C. Industrial
Commission, and Rule T305 of the Tort Claims Rules of the N.C. Industrial Commission.
NCIC Will Require Carriers and Providers to Adopt Electronic Medical Billing and Payment Processes
The North Carolina Industrial Commission will require carriers and providers to adopt electronic
medical billing and payment processes, and will promulgate rules for the implementation of this requirement.
Click here to read the June 14, 2011 Minutes.
Industrial Commission Adopts the 2011 CPT Codes for Its Medical Fee Schedule
The N.C. Industrial Commission has adopted the 2011 CPT Codes for its
Medical Fee Schedule,
effective January 1, 2011. Click here
to read the April 28, 2011 Minutes.
Master List of Cases for Docketing
The Master List of workers' compensation cases identified for
docketing before the Deputy Commissioner Section is updated four times each month.
CLICK HERE for the latest update on the Dockets Page.
Important News Regarding Temporary Rule Amending 04 NCAC 10J .0103, Effective January 1, 2017
The approved temporary rule amendment to Rule 04 NCAC 10J .0103 went into effect on January 1,
2017. Please click here to view the temporary rule as published
in the North Carolina Register on January 17, 2017. This temporary rule can also be found in
the North Carolina Administrative Code online
here.
A legal challenge to this temporary rule has been filed in Wake County Superior Court. Additional
updates will be provided when appropriate.
Proposed Industrial Commission Rules
The Industrial Commission held a public hearing on October 20, 2015, regarding its proposed
e-filing and other rules. Please click
here for the transcript
of the public hearing and the proposed rules.
20th Annual N.C. Workers' Compensation Educational Conference
Wednesday, October 14 – Friday, October 16, 2015
The Industrial Commission will hold its 20th Annual North Carolina Workers' Compensation Educational Conference
on October 14-16, 2015 at the Raleigh Convention Center. Presenters
include an array of nationally recognized experts speaking on cutting-edge topics, North Carolina Supreme Court
Justices and Court of Appeals Judges, representatives of the Industrial Commission, and a number of
highly experienced workers' compensation attorneys. The conference provides a valuable opportunity
for professionals to share information on current issues
impacting the workers' compensation arena. Application will be made for continuing education credits for attorneys,
paralegals, adjustors and rehabilitation providers. Please click here to view the
conference brochure, which includes the
conference agenda and registration information. Click here to read the
speakers' biographies. 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.
New Commissioner Appointed
Please click here to view the news release regarding
Governor Pat McCrory's appointment of Christopher C. Loutit to serve as a Commissioner.
Chairman Heath's Law Clerk Is Now Thomas Perlungher
Nina Roque, Chairman Heath's Law Clerk, has accepted another position and will no longer be with the Industrial Commission, effective March 1, 2015. Thomas Perlungher will be serving as the Chairman's Law Clerk. Please send all motions, correspondence, or updates for Chairman Heath to thomas.perlungher@ic.nc.gov.
Thomas Perlungher has served as Law Clerk to Commissioner Danny Lee McDonald since 2010.
Before joining the Industrial Commission, he was a Hearing Officer at the Division of Employment
Security and from 2004 to 2008, Perlungher served as an Assistant District Attorney in North
Carolina's 8th District where he prosecuted cases in Wayne, Lenoir, and Greene counties. Prior
to his work as an ADA in North Carolina, Perlungher practiced Real Estate law in Massachusetts
from 2002 to 2004. Perlungher is a Phi Beta Kappa graduate of the University of Vermont and
earned his J.D. from Wake Forest University in 2002.
Chairman Heath’s Primary Law Clerk Is Now Nina Roque
Robert Josey, Chairman Heath’s Law Clerk, has accepted another position and will no longer be
with the Industrial Commission, effective March 17, 2014. Nina Roque will be serving as the
Chairman’s Primary Law Clerk. Please send all motions, correspondence, or updates for Chairman
Heath to nina.roque@ic.nc.gov.
Update Regarding Proposed Industrial Commission Rules
On January 20th, the Industrial Commission adopted its proposed physician and hospital
fee schedule rule changes and submitted all four rules to the Rules Review Commission for
consideration at the February 19th meeting. The proposed rules may be viewed
here.
Prior to adoption, the Industrial Commission held a public hearing on December 17th and
accepted written comments through January 16th. Please click
here to access the transcript
of the public hearing. Please click
here to access the written
comments on the proposed rules.
Update Regarding Proposed Industrial Commission Rules
Please click here to view the proposed physician and hospital fee schedule rule changes proposed by the Commission.
After appropriate notice to the public, the Industrial Commission held a public hearing on the proposed rules at 2 p.m. on Wednesday, December 17th. Please click here to access the transcript of the public hearing. The public may submit written comments regarding the proposed rules through January 16, 2015. Click here for information regarding how to submit written comments.
It is anticipated that the Industrial Commission will adopt a final version of the proposed
rules by January 20, 2015, and submit them for review by the Rules Review Commission at its
February 19, 2015 meeting.
19th Annual N.C. Workers' Compensation Educational Conference
Wednesday, October 8 – Friday, October 10, 2014
The Industrial Commission will hold its 19th Annual North Carolina Workers' Compensation Educational Conference
October 8-10, 2014 at the Raleigh Convention Center. Presenters
include an array of nationally recognized experts speaking on cutting-edge topics, a North Carolina Supreme Court
Justice, representatives of the Industrial Commission, and a number of highly experienced workers' compensation
attorneys. The conference provides a valuable opportunity for professionals to share information on current issues
impacting the workers' compensation arena. Application will be made for continuing education credits for attorneys,
paralegals, adjustors and rehabilitation providers. Please click here to view the
conference brochure, which includes the
conference agenda and registration information. Biographies of this year's presenters are available
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.
New FAX Numbers for Medical Rehab Nursing Forms
We now have new FAX numbers for the Medical Rehab Nurses Referral Form and the Form 25N Notice to the
Commission of Assignment of Rehabilitation Professional. The Referral Form should now be faxed to
919-508-8350 and the Form 25N should now be faxed to 919-508-8325. Please see the
Nursing & Medical Rehab Section
on the Forms page for more information.
Industrial Commission Rules Update
On March 20, 2014, the Rules Review Commission (RRC) of the Office of Administrative Hearings reviewed 35 permanent rules adopted by the Industrial Commission pursuant to Session Law 2013-294. The RRC approved 31 of the rules and objected to four of them. The four disapproved rules were revised and resubmitted to the Rules Review Commission for review at its April 17, 2014 meeting, at which time they were approved. Click here for the 35 approved rules.
The RRC received 10 or more letters requesting legislative review of eight of the 35 approved rules pursuant to N.C. Gen. Stat. §150B-21.3(b2). Therefore, these rules will be subject to legislative review when the Legislature comes into session in May 2014. Click here to view the approved rules subject to legislative review. Because these eight rules cannot go into effect at this time, the Industrial Commission has requested that certain approved permanent rules be held in abeyance pursuant to N.C. Gen. Stat. §150B-21.3(b1) and (b2).
The rules to be held in abeyance include 04 NCAC 10A .0101-.0604, .0606-.0609, .0610-.0619, .0702-.1001 (Workers’ Compensation Rules) and 04 NCAC 10C .0101-.0108, .0110-.0201 (Rules for Utilization of Rehabilitation Professionals in Workers’ Compensation Claims), as well as 04 NCAC 10E .0201-.0202, which relate to certain fees of the Industrial Commission. The request to hold these rules in abeyance is based on concerns about conflicts between old and new rules and because several of these rules are intertwined with rules that are subject to legislative review.
The remainder of the approved permanent rules of the Industrial Commission shall go into effect on July 1, 2014. These rules will likely be codified this week and a link will be provided at that time.
For the current version of the Industrial Commission rules, please go to http://reports.oah.state.nc.us/ncac.asp?folderName=\Title 04 - Commerce\Chapter 10 - Industrial Commission or the Industrial Commission Rules page.
The Industrial Commission will continue to provide updates throughout the rulemaking process on this page
of the Industrial Commission's website. Should you have any additional questions, please call Meredith Henderson
at (919) 807-2575.
18th Annual N.C. Workers' Compensation Educational Conference - October 9-11, 2013
The Eighteenth Annual North Carolina Workers' Compensation Educational Conference was held on
October 9-11, 2013, at the Raleigh Convention Center.
Click here to view the brochure
and the conference program. For
further information, contact the International Workers' Compensation Foundation (IWCF) office
at (386) 677-0041, Fax (386) 677-0155, or e-mail
IWCF@bellsouth.net.
EDI Medical Billing Trading Partner Training POSTPONED
Due to the impacts of Hurricane Sandy on persons travelling from the Mid-Atlantic and New England regions to attend the training, the Industrial Commission has POSTPONED the EDI Medical Billing training originally scheduled for November 6, 2012. The training will now be held on December 12, 2012. For more information, or to register for the training, visit our EDI Information page.
N.C. Industrial Commission Publishes Adopted Rules
In compliance with the Administrative Procedure Act, the North Carolina Industrial Commission has published adopted rules. The adopted rules are currently under review by the Rules Review Commission of the North Carolina Office of Administrative Hearings. The Notice of Rulemaking, the text of the proposed rules, and the fiscal impact analysis previously published on July 16, 2012, can be found here. The Industrial Commission accepted written comments from the public regarding the proposed rules through September 14, 2012. The written comments received during this period can be found here. A public hearing on the rules changes was held on August 6, 2012. The transcript of the hearing is available here.
17th Annual N.C. Workers' Comp Educational Conference
The N.C. Industrial Commission held its 17th Annual
North Carolina Workers’ Compensation Educational Conference on
October 10-12, 2012, at the Raleigh Convention
Center in Raleigh, NC. Click here to view the complete
Conference brochure. For more information, please contact Jeanne Bush at the International
Workers’ Compensation Foundation office at (386) 677-0041; fax (386) 677-0155; e-mail
iwcf@bellsouth.net; or
write the IWCF, 570 Memorial Circle, Suite 320, Ormond Beach, FL 32174.
Industrial Commission's Rules Update
In accordance with HB 709, the Commission began working diligently on the prospect of being subject to the Administrative Procedure Act even prior to ratification of the legislation on June 24, 2011. In addition to the passage of HB 709, SB 781 became law on July 25, 2011. The Commission took aggressive steps to understand the implications of SB 781 and what requirements would be placed on the Commission to comply with HB 709 and SB 781.
A rules committee was formed at the end of July, and the first meeting was held on August 3, 2011. One of the first steps taken by the rules committee was to seek outside input on the rules from both external stakeholders and internal stakeholders, requesting parties to propose changes to existing rules and to propose changes made necessary by HB 709. Upon receipt of all proposals, the information was compiled and the committee met on a weekly basis to review every rule found in existence in our statute book. We continued to correspond with OAH and OSBM, as was necessary for furthering our understanding of the process, even meeting with OAH in early September of 2011. The rules committee, along with various other individuals within the Commission, attended a CLE offered by OAH and OSBM to ensure a proper understanding of the process and procedures for rule adoption under HB 709 and SB 781. Furthermore, all of the rules as revised by the rules committee underwent a preliminary review with OAH prior to completion of fiscal notes to minimize technical errors.
The Commission is presently finalizing the fiscal notes and a packet will be submitted to OSBM for review
in accordance with SB 781. The Commission would like to offer a thank you to all of the external stakeholders
that have provided suggestions during this process and who have responded to our deadlines. We continue to
pursue a very aggressive timeline in order to accomplish the task set forth in HB 709.
Notification of Contempt Hearing Docket
A calendar has been filed for the May 22, 2012 Contempt Hearing Docket before Deputy
Commissioner George R. Hall, III and may be found at the following link:
https://www.ic.nc.gov/ncic/pages/0522hall.pdf.
Commission Announces New Executive Secretary, Claims Director
The North Carolina Industrial Commission is pleased to announce the
appointment of Meredith R. Henderson as Executive Secretary for the Commission,
effective February 28, 2011, and Hugh A. Harris as Director of Claims Administration,
effective February 21, 2011.
Industrial Commission Issues Carrier Contact Information Procedures, Effective Jan. 1, 2011
The North Carolina Industrial Commission has issued "Carrier Contact Information Procedures" (click
here) for compliance with NCIC Rule 302.
NCIC Adopts Guidelines for Interpreter Ethics, Effective Jan. 1, 2011
The North Carolina Industrial Commission has adopted Guidelines for Interpreter Ethics, effective
January 1, 2011. Click here to read the
December 20, 2010 Minutes.
Industrial Commission Adopts New Rules, Effective Jan. 1, 2011
Following proper public notice on and after August 9, 2010
(click here to view this
notice), and a public hearing on September 15, 2010,
(click here to view the
transcript of this hearing; to view written comments submitted to the Commission,
click here),
and upon due consideration after a careful review of the record, the North Carolina Industrial
Commission has adopted the attached amendments and additions to the existing Rules of the Commission.
To view the text of the rule changes,
click here. These changes are effective as of January 1, 2011.
Payment of NCIC Fines, Fees, and Sanctions
The North Carolina Industrial Commission has adopted requirements regarding the payment of fines,
fees, and sanctions, effective October 1, 2010.
Click here to read the September 27, 2010 Minutes.
N.C. Industrial Commission File Number Changes
The N.C. Industrial Commission will exhaust all available I.C. file numbers within the next month.
A new file numbering system will be implemented when this occurs. The new file numbers will begin
with an “X,” followed by five digits. For example, “X13276.” Please contact
Claims Administration if you have any questions.
Governor Perdue Appoints Linda Cheatham and Reappoints Danny L. McDonald to the N.C. Industrial Commission
Governor Beverly Perdue has appointed Linda Cheatham to serve as a Commissioner on the North Carolina
Industrial Commission. Commissioner Cheatham joined the Commission as of July 19th, 2010. Governor Perdue
also reappointed sitting Commissioner Danny L. McDonald.
Click here to view a press release regarding these appointments.
NCIC Requires Insurance Carriers and/or Payors to Include Fax Numbers on the Explanation of Payment
Effective September 1, 2010, the N.C. Industrial Commission will require insurance carriers
and/or payors to include their fax number on the Explanation of Payment (EOP) sent to medical
providers. Click Here for the July 14,
2010 Minutes.
Commission Clarifies the Role of Foreign-Language Interpreters and Translators
The N.C. Industrial Commission has clarified the role of foreign-language interpreters and translators in the N.C. workers’ compensation system. CLICK HERE for the June 30, 2010 Minutes clarifying these roles.
Note: A full historical list of Commission minutes is available by
Clicking Here
NCIC Adds 2010 CPT Codes to Its Medical Fee Schedule
The N.C. Industrial Commission has added the 2010 CPT Codes to its Medical Fee Schedule, effective
January 1, 2010. CLICK HERE for the March
1, 2010 Minutes adopting the 2010 CPT Codes
and HERE to view the updated Medical Fee Schedule for the March 1, 2010 Minutes.
NCIC Adopts National Correct Coding Initiative (NCCI) for Medical Fee Schedule
The N.C. Industrial Commission has adopted the National Correct Coding Initiative (NCCI) edits
to amend the NCIC Medical Fee Schedule Introduction, effective January 1, 2010.
Click here for the December 8, 2009 Minutes
Master List of Cases for Docketing
The Master List of workers' compensation cases identified for
docketing before the Deputy Commissioner Section is updated four times each month.
CLICK HERE for the latest update on the Dockets Page.
NC Industrial Commission Adopts Changes to Administrative Fees
Effective January 1, 2010, administrative fees for Form 24 Applications, Forms 21/26/26A, and
Third Party Fund Distribution Orders will increase. CLICK HERE to view a copy of the
November 5, 2009 Minutes and HERE to see the Memorandum.
Statewide Safety Conference
The 80th Annual N.C. Statewide Safety Conference, sponsored by the NC Safety Conference, Inc., will be held on May 11-14, 2010 at the Joseph S. Koury Convention Center in Greensboro, NC. CLICK HERE to be redirected to their web site.
Mandatory Form for Certification of Payment
of Compromise Settlement Agreement Fee
Effective October 1, 2009, Compromise Settlement Agreements submitted electronically
shall be accompanied by the payment certification form approved by the Industrial Commission.
Click here for the mandatory form
(PDF file).
Similar forms created by carriers, employers, or attorneys will not be accepted.
14th Annual NC Workers' Comp Educational Conference
The N.C. Industrial Commission held
its 14th Annual North Carolina Workers’ Compensation Educational Conference on October 7-9, 2009
, at the Raleigh Convention Center in Raleigh,
NC. To view a PDF file of the 2009 conference brochure
click here. A
Program is available here. For more
information, please contact Jeanne Bush at the International Workers’ Comp. Foundation office
at (386) 677-0041; fax (386) 677-0155; e-mail
iwcf@bellsouth.net; or write the International Workers’ Compensation Foundation, 570 Memorial
Circle, Suite 320, Ormond Beach, FL 32174.
Electronic Mail Retention and Archiving Policy
As per Governor Perdue's Executive Order 150, the NC Industrial Commission has adopted the proposed Electronic Mail Retention and Archiving Policy. A PDF file of the March 31, 2009 N.C. Industrial Commission minutes is available here.
Updated 2009 Medical Fee Codes
We have adopted new Medical Fee Codes for 2009 and eliminated Modifier B from the N.C.I.C. Medical Fee Schedule. A PDF file of the January 30, 2009 NCIC minutes can be viewed here.
Order Adopting Revised Billing Band & Reimbursement Rates
The N.C. Industrial Commission has issued and Order adopting a revised Inpatient Hospital Billing Band. We have also revised the Outpatient Reimbursement Rate and Ambulatory Surgical Center Reimbursement Rate for Workers’ Compensation cases. To view a PDF file of January 27, 2009 NCIC order, click here.
Procedure for Pro Hac Vice Admissions
The N.C. Industrial Commission has adopted a procedure for Pro Hac Vice Admissions (Limited Practice of Out-of-State Attorneys). A PDF file of the January 27, 2009 NCIC minutes and all three attachments can be viewed here.
Click these links for separate PDF files of the NCIC minutes, NCIC procedures, N.C. Gen. Stat. §84-4.1. Limited Practice of Out-of-State Attorneys, and sample Order allowing Motion for Admission Pro Hac Vice by Executive Secretary Tracey H. Weaver.
NCIC Adopts Medical Travel Mileage Rate of 55 cents per Mile for 2009
Click here for the January 27, 2009 minutes and the revised Form 25T —Itemized Statement of Charges for Travel.
Chair Young Names Wanda Blanche Taylor as Chief Deputy Commissioner.
Click here for the February 9, 2009 announcement.
New Suppliment Available
Thomson-West has issued the 2008-09 supplement to North Carolina Workers’ Compensation: Law and Practice with Forms (4th edition) by Raleigh, NC attorney Leonard T. Jernigan, Jr. This supplement covers all appellate court decisions since last year’s supplement, as well as all legislative changes and new procedures adopted by the N.C. Industrial Commission.
New Mediated Settlement Agreement Form Adopted
On December 3, 2008, the Full Commission adopted a Mediated Settlement Agreement form designated as Form MSC8(PDF file). Copies of the form are available on the Forms pages on the Commission’s web site. It is recommended that attorneys and mediators use this form, or a similar form, to document settlements reached at mediated settlement conferences.
Powerpoint Slides from 13th NC Workers Comp Education Conference
With the authors’ permission, the N.C. Industrial Commission is making available PDF versions of the following two PowerPoint presentations from the 13th Annual North Carolina Workers’ Compensation Educational Conference: (1) Claims Compliance: New and Revised Forms by NCIC Claims Administrator Keischa Lovelace and (2) Physical Therapy: Black Hole or Best First Choice by Jeffrey W. Hathaway, PT, of Breakthrough Physical Therapy, LLC.
Maximum Weekly Benefit for 2009
(Executive Secretary Tracey H. Weaver’s August 27, 2008 memo).
Bills Ratified by the N.C. General Assembly During 2008
Bills Ratified by the N.C. General Assembly During the 2008 Session that affect N.C. Gen. Stat. Chapter 97 and other statutes governing workers’ compensation claims and tort claims against the state.
2008 New Medical Fee Codes
Adoption of 2008 New Medical Fee Codes & Procedure for DME Invoices & Rate of Payment (PDF file of July 30, 2008 N.C. Industrial Commission minutes).
Use of Rehabilitation Professionals in Workers’ Compensation Cases
A Summary for Injured Workers of the Rules Governing the Use of Rehabilitation Professionals in Workers’ Compensation Cases (revised April 14, 2008). Click here for a PDF file of the two-page pamphlet version of this summary.
Medico Legal Guidelines
Medico Legal Guidelines (PDF file of the March 4, 2008 N.C. Industrial Commission minutes).
Acknowledgment of Form 25N
Acknowledgment of the Form 25N (Chair Pamela T. Young’s January 16, 2008 memo).
Enforcement of Rule 610
Enforcement of Rule 610: Pretrial Conference and Pretrial Order (PDF file of December 17, 2007 N.C. Industrial Commission minutes).
Execution of Mediated Settlement Agreements
Execution of Mediated Settlement Agreements by Counsel on Behalf of Employers and Carriers, effective immediately (October 30, 2007 NCIC Minutes).
Guide to a Successful Workers’ Compensation Hearing
North Carolina Workers’ Compensation: Your Guide to a Successful Workers’ Compensation Hearing by Deputy Commissioner Chrystal Redding Stanback (PDF version of 2006 revision, complete with appendices).
Ethics Policy
N.C. Industrial Commission Ethics Policy (May 14, 2007 announcement by Chairman Buck Lattimore).
Submission of Compromise Settlement Agreements in PDF Only
The NC Industrial Commission Requires Submission of Compromise Settlement Agreements in PDF Format, effective January 1, 2007 (November 17, 2006 NCIC Minutes).
New Requirements for Briefs
The NC Industrial Commission Issues New Requirements for Briefs (PDF file of March 14, 2006 NCIC Minutes).
Registry of Rehabilitation Professionals
Click this link to view the Registry of Rehabilitation Professionals (see also the May 25 2004 Memo explaining the Registry).
Archived Announcements
Announcement Regarding Medical Bill Reporting Electronic Data Interchange (EDI)
In response to requests from employers, carriers, and third-party administrators, the Industrial Commission will delay the mandatory implementation date for Medical Bill Reporting via EDI from March 1, 2014, to July 1, 2014. This purpose of this postponement is to allow these stakeholders additional time for preparation and necessary programming. No additional extensions will be granted.
New FAX Numbers for Medical Rehab Nursing Forms
We now have new FAX numbers for the Medical Rehab Nurses Referral Form and the Form 25N Notice to the Commission of Assignment of Rehabilitation Professional. The Referral Form should now be faxed to 919-508-8350 and the Form 25N should now be faxed to 919-508-8325. Please see the Nursing & Medical Rehab Section on the Forms page for more information.
Case Numbers for New NCIC Cases Will Be Eight Digits, Starting January 1, 2013
Case numbers for new N.C. Industrial Commission cases will change from six digits to eight digits, beginning January 1, 2013. The six-digit numbers for cases received prior to that date will remain the same. To read NCIC Chair Pamela T. Young's November 15, 2012 memo about this change, click here.
Electronic Claims and Medical Bill Reporting: Electronic Data Interchange (EDI)
The North Carolina Industrial Commission (NCIC) is implementing two (2) Electronic Reporting processes for workers' compensation claims:
- Claims, beginning
January 2, 2013 - Medical Billing, beginning
March 1, 2013.
For further details, CLICK HERE.
New Time for Full Commission Arguments
Effective June 1st ALL Full Commission Oral Arguments will begin at 9:00 AM instead of 9:30 AM. Please adjust your schedules accordingly. If you have any questions, please Contact Us.
NCIC Adopts Fees for CPT Codes 99441, 99442, and 99443
The N.C. Industrial Commission has adopted fees for CPT Codes 99441, 99442, and 99443, effective July 1, 2010. (These three codes replaced CPT Codes 99372 and 99373, which were deleted in January 1, 2008.) CLICK HERE for the June 4, 2010 Minutes adopting fees for CPT Codes 99441, 99442, and 99443.
Electronic Data Interchange (EDI) Submission of Forms 19 and 28B DISCONTINUED
Effective February 1, 2010, the North Carolina Industrial Commission will no longer accept the electronic submission of the first report of injury (Form 19) or supplemental reports (Form 28B). The Electronic Data Interchange (EDI) process will be discontinued until further notice. CLICK HERE to read the Memo for acceptable forms of submission.
NC Industrial Commission Safety Education Section Announces New Fee Schedule
Beginning December 1, 2009, the Safety Section will be required to collect a reasonable fee for services pursuant to the Appropriations Act of 2009, Section 14.8, General Statute Section 97-73. CLICK HERE for the Press Release.
Increased Fees for Compromise Settlement Agreements
The N.C. Industrial Commission fee for filing a Compromise Settlement Agreement will increase to $375.00, effective October 1, 2009. CLICK HERE to view the PDF file of the August 14, 2009 memo by Chair Pamela T. Young and the August 13, 2009 NCIC minutes adopting this fee increase.
Processing Fees for CSAs and Forms 21, 24, 26, and 26A
Effective October 1, 2009, the Processing Fee for Compromise Settlement Agreements, Form 21 and Form 26/26A Agreements, and Form 24 Applications shall be paid when they are submitted to the N.C. Industrial Commission, unless they are submitted electronically. CLICK HERE to view the PDF file of the August 4, 2009 NCIC minutes.
Gift Ban for Public Servants
The State Government Ethics Act (SGEA) contains both a “general” gift ban prohibiting gifts from certain persons to certain persons unless there is an exception and a “no quid pro” gift ban which prohibits receiving anything of value in exchange for taking or not taking an official action. Both of these gift bans apply to “public servants." Click here to view the official policy by the NC Ethics Commission.
Notice Regarding Service of Documents by E-mail
The Commission will not use E-Mail to notify parties of time-sensitive documents where appeal
rights may be affected. Please click the link here to see the official policy:
Notice Regarding Service of Documents by E-mail
(PDF file of the February 17, 2009 minutes).
Notice Regarding E-mails to Commissioners
Click this link to see the Notice regarding E-mails to Commissioners from Plaintiff and Defense Attorneys and Pro Se Claimants regarding Cases (February 20, 2009 memo).
Emergency Medical Motions
In compliance with N.C. Gen. Stat. §97-78(f), the Commission has memorialized its procedures for processing medical motions regarding an Emergency situation through these Minutes. Please click on the link for each department that handles such motions to see the procedures. Motions are submitted to either (1) the Executive Secretary’s Office, (2) the Chief Deputy Commissioner’s Office, or (3) the Chair of the Industrial Commission’s Office.
Expedited Medical Motions
Pursuant to the mandate set forth in N.C. Gen. Stat. §97-78(f)(2) and 97-78(g)(2), and after extensive deliberations by a task force comprised of N.C. Industrial Commission staff and plaintiff and defense counsel, the N.C. Industrial Commission hereby adopts the following new Expedited Medical Motion procedure, which were implemented, effective August 1, 2008, through these Minutes.
Please clearly indicate on the Form 33 or the letter of appeal that the only issue to be considered is MEDICAL. Also, if you are appealing an Administrative Order from the Executive Secretary’s Office, please attach a copy of the Order with the Notice of Appeal. Effective August 1, 2008, please send correspondence concerning Expedited Medical Motions to the following e-mail address: medicalmotions@ic.nc.gov. The following link sets forth the procedures under which Expedited Medical Motions may be submitted: Expedited Medical Motions Procedure.
Form No Longer Accepted
The N.C. Industrial Commission will no longer accept the “Accord Workers’ Compensation-First Report of Injury or Illness” form, effective August 1, 2008 (August 4, 2008 NCIC memo).
Clarification of Role
Clarification of Role of “Task Assignments” for Rehabilitation Professionals in the Workers’ Compensation System (PDF file of Feb. 22, 2008 N.C. Industrial Commission minutes).
Bills Ratified by the N.C. General Assembly During 2007
Bills Ratified by the N.C. General Assembly During the 2007 Session that affect N.C. Gen. Stat. Chapter 97 and other statutes governing workers’ compensation claims and tort claims against the state.
New Appointments to Nurses Section
The NC Industrial Commission announces New Appointments to Workers’ Compensation Nurses Section (December 19, 2007 memo from Chair Pamela T. Young).
New Commission Chair Appointed
Governor Easley Appoints Pamela Thorpe Young as Chair of the N.C. Industrial Commission (September 26, 2007 news release).
Safety Archives
Safety Bulletins
Here is a list of earlier Safety Bulletins from the most recently archived going back to 2005:
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
May/June 2007
April 2007
March 2007
February 2007
January 2007
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2006
November 2006
October 2006
September 2006
August 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
