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 meredith.henderson@ic.nc.gov.

NC Industrial Commission Executive Secretary Section

Who We Are

The primary role of the Executive Secretary’s Office is to provide Administrative Review of issues in cases not scheduled for a hearing before a Deputy Commissioner or the Full Commission.

The Executive Secretary acts in a quasi-judicial capacity, with responsibilities of ruling and issuing orders on various Motions, approving Compromise Settlement Agreements and directing distribution of third party recoveries, supervising Special Deputy Commissioners in ruling on termination or reinstatement of benefits, and providing supervision, training, and direction for the Workers’ Compensation Information Specialists program, which provides public information on the Workers’ Compensation claims process.

Our Mission

The mission of the Executive Secretary’s Office is to efficiently and effectively address, handle and rule on administrative filings in as summary and simple a manner as feasible and in as quick a manner as possible. The shared mission of the Executive Secretary, Special Deputy Commissioners and support staff is to assist all parties in the field of workers’ compensation who file requests in a professional manner through informed administrative rulings and responses, streamlined processes and consistent practices, communications with the parties, and responsiveness on all matters with which we come into contact.

How We Can Help

The Executive Secretary provides the following services. This is by no means a comprehensive list of everything we do, but we will assist with the following:

• Form 24 Applications
• Form 23 Applications
• Administrative Motions filed by plaintiff’s/defendant’s counsel, and unrepresented parties
• Review of Compromise Settlement Agreements (also known as Clinchers)
• Orders Directing Distribution of Third Party Recoveries

Types of Motions Heard

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 us.

Executive Secretary Staff

Below is a list of the Executive Secretary and Staff, along with their areas of responsibility.

N.C. Industrial Commission General Contact Information can be found HERE