Michael F. Easley, Governor
Buck Lattimore, Chairman

Bernadine S. Ballance, Commissioner
Thomas J. Bolch, Commissioner
Laura K. Mavretic, Commissioner
Renée C. Riggsbee, Commissioner
Christopher Scott, Commissioner
Dianne C. Sellers, Commissioner

North Carolina
Industrial Commission




TO:         All Interested Parties

FROM:   Chairman Buck Lattimore

DATE:    March 28, 2002

RE:         Bankruptcy of CMI Industries—Updated Notice

            This notice updates the previous notice regarding CMI Industries. The previous notice advised all parties that CMI was continuing to pay all workers’ compensation claims and that all parties having existing or new workers’ compensation claims should proceed with those claims as would normally occur.  CMI’s situation has changed.

The North Carolina Self-Insurance Guaranty Association (NCSIGA) will assume CMI claims pursuant to the North Carolina Self-Insurance Guaranty Association Act, N.C. Gen. Stat. §97-130, et. seq., effective immediately except as specifically noted below.  Pursuant to N.C. Gen. Stat. §97-141, the NCSIGA has a 60 days stay in regard to all proceedings before the Industrial Commission in order that the NCSIGA may prepare to investigate, prosecute, or defend claims, except for payment of weekly compensation for incapacity, which is not subject to the stay.

The stay is also not applicable to a number of settlement agreements negotiated by CMI prior to this notice and that will be paid by CMI.  Therefore, the Industrial Commission will process all of these Compromise Settlement Agreements. 

The NCSIGA is in the process of notifying claimants of the assumption of cases by the NCSIGA in all known claims.  If claimants with existing cases do not receive a notice within the next fourteen days, the claimant should promptly notify the NCSIGA of their claim.  Parties filing new claims should serve the NCSIGA.   Communications should be directed to:

Catherine C. Stuart
Stuart Law Firm,  PLLC
4101 Lake Boone Trail
Raleigh, North Carolina 27607
(919) 787-6050
Fax:  (919) 787-9988

            Questions or concerns for the Industrial Commission regarding CMI claims should be directed to:  Stephen T. Gheen, Chief Deputy Commissioner, 919-807-2540 or gheen@ind.commerce.state.nc.us.  Due to the volume of inquiries, email communication is requested if possible, though not required.

            CMI Industries, with a plant in Surry County, North Carolina, has filed Chapter 11 Bankruptcy in the United States Bankruptcy Court in Delaware.  CMI was self-insured for workers’ compensation claims in North Carolina.

The Industrial Commission website (www.comp.state.nc.us) will be updated as needed with additional information.

See also Bankruptcy of CMI Industries (Chairman Buck Lattimore's March 18, 2002 memo)

N.C. Industrial Commission ·   4340 Mail Service Center ·   Raleigh, NC 27699-4340
Main Phone: (919) 807-2500 ·   Fax: (919) 715-0282
NCIC Home Page: http://www.ic.nc.gov/