Michael F. Easley, Governor
Buck Lattimore, Chairman

Stephen T. Gheen
Chief Deputy Commissioner
Office: 919-807-2540
Home: 919-384-1292
Gheen@ind.commerce.state.nc.us

Bernadine S. Ballance, Commissioner
Thomas J. Bolch, Commissioner
Laura K. Mavretic, Commissioner
Christopher Scott, Commissioner
Dianne C. Sellers, Commissioner
Pamela T. Young, Commissioner

North Carolina
Industrial Commission

 

MEMORANDUM

 

TO:         All Interested Parties

FROM:   Stephen T. Gheen, Chief Deputy Commissioner

DATE:    June 10, 2003

RE:         August Trial Docket/Advisories

            Workers’ compensation cases tentatively identified for docketing in August 2003 are being posted on our website at www.comp.state.nc.us today. The section is on the front page of the website below the section on Liquidations and Bankruptcies. Cases tentatively identified for docketing are posted by Region/IC File Number, Alpha Plaintiff, and Alpha Defendant.

            Please request continuances and removals by no later than 12:00 noon, June 17, 2003. Any request for continuance or removal should state briefly the reason for the request. If the case is still being mediated or should be mediated, please note this fact specifically. Continuances and removals should be requested by email transmission to gheen@ind.commerce.state.nc.us. Copies of any request for continuance or removal should be sent to all opposing counsel or pro se parties.

            It is particularly important in this case scheduling cycle that counsel identify cases that are not ready for hearing. First, Deputy Commissioners Bain Jones and Amy Pfeiffer have announced their retirement from the Industrial Commission and are no longer in rotation to hear cases. Second, ten cases that are “special sets” are anticipated to require twenty-one trial days. The special sets will require two Deputy Commissioners. Therefore, there are only fourteen available Deputy Commissioners to hear some four hundred and forty compensation and state tort claim cases.

            Trial counsel are reminded that ANY case that is reasonably anticipated to require four hours of hearing time are “special sets.” The Deputy Commissioner Section places “special set” cases on individualized dockets to accommodate the length of time required to hear these cases. Counsel should review the cases posted and identify those cases that qualify special sets. Immediately identify these cases to my office my email in order that proper arrangements can be made for the trial of these cases.

            Deputy Commissioners are being requested to closely scrutinize requests for continuances once trial dockets have been published. Please note that Rule 611(6)(emphasis added) specifically provides, “Hearing costs shall be assessed in each case set for hearing, including those cases which are settled after being calendared and notices mailed, and shall be payable upon receipt of a statement from the Industrial Commission.”

            We emphasize again this month that the Deputy Commissioner Section is experiencing difficulty in timely receiving Pretrial Agreements pursuant to the Pretrial Orders issued with every docket. Failure to timely file the Pretrial Agreement makes the planning of dockets and actual hearing of the cases more difficult. If counsel needs an extension of time to file the Pretrial Agreement, it is incumbent upon trial counsel to secure affirmative permission of the Deputy Commissioner assigned to the case. Deputy Commissioners are being requested to consider appropriate sanctions in every case involving a failure to timely file Pretrial Agreements where extensions of time have not been granted. The cooperation of the trial bar in timely filing the Pretrial Agreements is greatly appreciated.

            Thank you for your efforts in making the docketing process a success. I remain in your service.


Go to Master List of Cases for Docketing, August 2003, by Region/I.C. File Number

Go to Master List of Cases for Docketing, August 2003, by Plaintiff

Go to Master List of Cases for Docketing, August 2003, by Defendant


Go to Master List of Cases for Docketing, July 2003, by Region/I.C. File Number

Go to Master List of Cases for Docketing, July 2003, by Plaintiff

Go to Master List of Cases for Docketing, July 2003, by Defendant


Go to Master List of Cases for Docketing, June 2003, by Region/I.C. File Number

Go to Master List of Cases for Docketing, June 2003, by Plaintiff

Go to Master List of Cases for Docketing, June 2003, by Defendant


Go to Master List of Cases for Docketing, May 2003, by Region/I.C. File Number

Go to Master List of Cases for Docketing, May 2003, by Plaintiff

Go to Master List of Cases for Docketing, May 2003, by Defendant


Go to Master List of Cases for Docketing, April 2003, by Region/I.C. File Number

Go to Master List of Cases for Docketing, April 2003, by Plaintiff

Go to Master List of Cases for Docketing, April 2003, by Defendant


Go to Master List of Cases for Docketing, March 2003, by Region/I.C. File Number

Go to Master List of Cases for Docketing, March 2003, by Plaintiff

Go to Master List of Cases for Docketing, March 2003, by Defendant


Go to Master List of Cases for Docketing, February 2003, by Region/I.C. File Number

Go to Master List of Cases for Docketing, February 2003, by Plaintiff

Go to Master List of Cases for Docketing, February 2003, by Defendant


Go to Master List of Cases for Docketing, January 2003, by Region/I.C. File Number

Go to Master List of Cases for Docketing, January 2003, by Plaintiff

Go to Master List of Cases for Docketing, January 2003, by Defendant


Go to Master List of Cases for Docketing, November 2002, by Region/I.C. File Number

Go to Master List of Cases for Docketing, November 2002, by Plaintiff

Go to Master List of Cases for Docketing, November 2002, by Defendant


Go to Master List of Cases for Docketing, September 2002, by Region/I.C. File Number

Go to Master List of Cases for Docketing, September 2002, by Plaintiff

Go to Master List of Cases for Docketing, September 2002, by Defendant


N.C. Industrial Commission · 4319 Mail Service Center · Raleigh, NC 27699-4319
Main Phone: (919) 807-2500 · Fax: (919) 715-0282
NCIC Home Page: http://www.comp.state.nc.us/