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:    July 9, 2003

RE:         September Trial Docket/Advisories

            Effective today, workers’ compensation cases tentatively identified for docketing in September 2003 are posted on our website at www.comp.state.nc.us. The link to the September 2003 list of cases is located on the front page of the website, identified as “Master List of Cases For Docketing, September 2003, by Deputy Commissioner Section” (located below the section “Liquidations and Bankruptcies”). Cases identified for docketing in September are posted by Region/IC File Number, Alpha Plaintiff, and Alpha Defendant.

            Requests for continuances, removals and potential additions are due no later than 12:00 noon, Wednesday, July 16, 2003. All requests should include the reason for the request with a copy to opposing counsel or the pro se party. If the case is still in mediation or should be mediated, please note this fact specifically. Continuances, removals and potential additions should be requested by email transmission to gheen@ind.commerce.state.nc.us.

            It is particularly important in this scheduling cycle that counsel identify cases not ready for hearing. First, Deputy Commissioners Bain Jones and Amy Pfeiffer recently retired from the Industrial Commission and replacements for these positions have not yet been identified. Second, ten cases that are “special sets” are anticipated to require nineteen trial days and will require two Deputy Commissioners. Therefore, there are only fourteen available Deputy Commissioners to hear some four hundred ninety-four workers’ compensation cases and state tort claims.

            Trial counsel are reminded that ANY case anticipated to require four or more hours for hearing is considered a “special set.” The Deputy Commissioner Section schedules “special set” cases on individual dockets to accommodate anticipated length of hearing. Counsel should review the cases posted and identify those cases that qualify as a “special set.” Immediately contact my office by email, including the anticipated length of hearing, in order to properly schedule these cases.

            Deputy Commissioners are closely scrutinizing 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.”

            Again, we reiterate that the Deputy Commissioner Section is experiencing difficulty in receiving Pretrial Agreements pursuant to the Pretrial Orders issued with every docket. Failure to file Pretrial Agreements by the specified deadline hinders planning dockets efficiently and makes the actual hearing of the case more difficult. If counsel needs an extension of time to file the Pretrial Agreement, it is incumbent upon counsel to secure affirmative permission of the Deputy Commissioner assigned to the case. Deputy Commissioners are considering appropriate sanctions in every case involving a failure to file Pretrial Agreements by the specified deadline where extensions of time have not been granted. The cooperation of the trial bar in timely filing Pretrial Agreements is greatly appreciated.

            Thank you for your effort in helping us ensure the docketing process is a success. I remain in your service.


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

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

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


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 · 4340 Mail Service Center · Raleigh, NC 27699-4340
Main Telephone: (919) 807-2500 · Fax: (919) 715-0282
NCIC Home Page: http://www.comp.state.nc.us/