North Carolina
Industrial Commission

MEMORANDUM

TO:         All Interested Parties

FROM:   Stephen T. Gheen, Chief Deputy Commissioner

DATE:    January 27, 2006

RE:         Docketing Incomplete Form 21/26 Filings for Hearing in April 2006

            The Claims Administration Section of the Industrial Commission has forwarded to the Deputy Commissioner Section a number of Form 21/26 filings that it cannot process to a final decision. I hope the following advisory is helpful.

            Each of the Form 21/26 filings listed on our website represents a Form submission generally from September, October, November, and December 2004, in which the Claims Examiner requested additional information to complete the Section’s review. The requested information was not received by the Claims Examiner. Ultimately, Ms. Karissa Davan, Director of Claims Administration, issued an Order directing the parties to submit the information requested. A generic version of the Order she entered may by found at this hyperlink: Director Davan’s Order. These Orders were issued generally in May 2005.

            Our records indicate that the parties have not responded to Director Davan’s Order. Each of these cases will be docketed in April 2005 unless immediate corrective action is taken.

The specific cases that are scheduled to be docketed in April are posted on our website, listed by Industrial Commission File Number, Plaintiff’s name, Defendant’s name, Carrier name, and Attorney. Defendants may avoid the necessity of docketing these cases by providing the information Ordered by Director Davan. It is suggested that Defendants immediately provide the materials Ordered by Director Davan to:

Email Address:             davank@ind.commerce.state.nc.us

Facsimile Number:        919-715-0282

Mail Address:               North Carolina Industrial Commission
Claims Section
4335 Mail Service Center
Raleigh, NC 27699-4335

If all materials subject to Director Davan’s Order are received in the Claims/Statistics Section prior to Monday, February 13, 2006, the case will not be docketed. Director Davan will certify to the Deputy Commissioner Section the cases that do not have to be docketed.

All remaining cases will be docketed. These issues, among others that may be applicable to any individual case, to be addressed at hearing will be:

1.      Requiring Defendants to provide all materials as provided by Director Davan’s Order;

2.      Approval or disapproval of the Form 21/26 filing;

3.      Appropriate sanctions, if applicable, for violation of the Rules of the Industrial Commission;

4.      Payment of attorney fees, if applicable, for unfounded and litigious litigation; and

5.      Imposition of court costs.

            Thank you for your attention to this matter. Please direct all specific questions or concerns regarding Director Davan’s Order to her office as indicated above. For questions or concerns regarding the docketing of these cases for hearing or hearing procedure, please direct your communication to my office. Because of the volume of contacts anticipated, email communication to gheen@ind.commerce.state.nc.us is preferred, but not required.

Table 1: Cases for Docketing in April 2006, Sorted by I.C. NUMBER

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Table 2: Cases for Docketing in April 2006, Sorted by PLAINTIFF

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Table 3: Cases for Docketing in April 2006, Sorted by DEFENDANT

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Table 4: Cases for Docketing in April 2006, Sorted by CARRIER

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Table 5: Cases for Docketing in April 2006, Sorted by ATTORNEY

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