Recodification of Industrial Commission Rules
Effective June 1, 2018, the Industrial Commission’s rules will be recodified from Title 04 Chapter 10 of the North Carolina Administrative Code to Title 11 Chapter 23 of the Administrative Code. The recodification is part of the Industrial Commission’s transfer from the Department of Commerce to the Department of Insurance. As a result of the transfer, the Industrial Commission’s rules will move to Title 11 of the Administrative Code, the section under the Department of Insurance. All references and citations to an Industrial Commission rule on or after June 1, 2018, should use the recodified title and chapter citation. Questions should be directed to Gina Cammarano, Rulemaking Coordinator.
Administrative Motions and Responses
Administrative motions practice filings that require attorney representation if filed on behalf of another person or entity include, but are not limited to, the following:
- Form 24 Application
- Response defending against Form 23 Application
- Response defending against Form 28U
- Response defending against Form 18M
- Medical motions, including motions to compel compliance with medical treatment or vocational rehabilitation
- Responses defending against medical motions
- Any other motion or response seeking relief or asserting a defense
The unauthorized practice of law is illegal in North Carolina. See Chapter 84 of the N.C. General Statutes at this link for more information. The Industrial Commission has no authority to allow the unauthorized practice of law. If you have questions about what constitutes the practice of law, information can be found at https://www.ncbar.gov/, including at this link. If you have procedural questions about administrative motions practice, you may contact Executive Secretary Meredith Henderson at email@example.com.
The NC Industrial Commission cannot provide you with legal advice on your case. Since we are a State Agency dedicated to objectivity and neutrality, we cannot suggest an Attorney, Insurance Carrier, Medical Provider or any other 3rd-party entity to assist or support citizens.
ATTENTION EMPLOYEES AND EMPLOYEE REPRESENTATIVES:
Information regarding the workers’ compensation carrier for your employer may be obtained from the Industrial Commission when one of the following has occurred:
- You have filed a Form 18 asserting a claim against the employer.
- The employer or carrier has filed a Form 19 reporting your injury.
The Industrial Commission sends out an acknowledgement letter when a Form 18 is processed that contains information about the insurance carrier. However, if you have not yet received an acknowledgement letter and you need this information, you may contact the Industrial Commission. It is not required that you provide insurance carrier information when completing a Form 18 if you do not have that information.
Motions Heard by the Executive Secretary
The following list is representative of the types of general Motions which are commonly handled by the Executive Secretary:
- Motion to Compel Discovery Responses pursuant to N.C. Gen. Stat. § 97-80 and Rule 605
- Motion to Comply with Rule 607 Request
- Motion to Compel Production of Form 22 pursuant to N.C. Gen. Stat. § 97-2(5)
- Motion to Compel Production of Employment Security Records pursuant to N.C. Gen. Stat. § 97-42.1
- Motion for Extension of Time to Respond to Discovery pursuant to Rule 605(1)
- Motion for Extension of Time to Respond to Form 33 pursuant to Rule 603
- Motion to Reinstate Compensation after Unilateral Termination of Compensation pursuant to N.C. Gen. Stat. §§ 97-18, 18.1
- Motion to Reinstate Compensation after Unsuccessful Trial Return to Work pursuant to N.C. Gen. Stat. § 97-32.1 and Rule 404A
- Motion to Issue Compensation Check on Timely and Weekly Basis pursuant to N.C. Gen. Stat. §§ 97-18 (b) and (e)
- Motion for Removal of Rehabilitation Professional pursuant to Rule IX of the Rules for Utilization of Rehabilitation Professionals in Workers’ Compensation Claims
- Motion to Compel Compliance with Medical Treatment and/or Vocational Rehabilitation pursuant to N.C. Gen. Stat. § 97-25
- Motion for Dismissal pursuant to Rule 613
- Motion to Enter or Approve of Consent Order
- Motion for Communication with Physician pursuant to N.C. Gen. Stat. § 97-25.6
- Motion to Consolidate Cases
- Motion to Add or Remove Parties
- Motion to Approve Guardian ad Litem pursuant to Rule 604 (Form 42)
- Motion to Remove Case from Hearing Docket pursuant to Rule 613
- Motion to Approve Expert Witness Fees pursuant to N.C. Gen. Stat. § 97-26.1 when not connected to a hearing
- Motion to Allow Pre-Hearing Depositions
- Motion to Reimburse Travel Expenses pursuant to N.C. Gen. Stat. § 97-25 and Rule 407
- Motion to Approve Form 18M pursuant to N.C. Gen. Stat. § 97-25.1 and Rule 408
- Motion to Comply with Rule 601
- Motion for Late Payment Penalties pursuant to N.C. Gen. Stat. § 97-18
- Motion to Withdraw or Substitute Counsel pursuant to Rules 614(2)
- Motion for Extension of Time to Respond (to any of the above motions)
- Motion to Withdraw Administrative Motion
- Motion for Reconsideration of Administrative Order or Decision pursuant to Rule 703(1)
- Motion for Stay of Administrative Order or Decision pursuant to Rule 703(2)
This is not a comprehensive list. For more information or if you have questions regarding the role of the Executive Secretary, please contact the Executive Secretary's Office.