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
MEMORANDUM
TO: All Interested Parties
FROM: Chairman Buck Lattimore
DATE: September 9, 2002
RE: US Airways Group - Bankruptcy
US Airways Group, including its
subsidiaries, have filed voluntary
Chapter 11 bankruptcy proceedings in the U.S.
Bankruptcy Court for the Eastern District of Virginia, Alexandria
Division, File No.: 02-83894-SSM.
We
are advised that US Airways Group has received permission of the Bankruptcy
Court to continue claim processing in the normal course. The automatic stay
provisions of the Federal Bankruptcy Code are not an impediment to workers’
compensation claims. The Industrial Commission is proceeding with administrative
proceedings and hearings at every level of the Commission.
US
Airways Group does report that settlements are more involved as signatures of
various parties are now required for the approval process. Counsel for US
Airways Group is requesting that claimants in cases pending mediation agree to a
postponement of all mediations. Counsel believes that the expanded approval
process now required may return to a more normal procedure in the immediate
future. If claimants do not agree to postponement of mediations, US Airways can
attend mediation with the express agreement that any settlement terms negotiated
would be subject to post-mediation ratification.
If
any claimant does not receive benefits to which they are lawfully entitled or
should benefits awarded be suspended or terminated for unexplained reasons,
please notify the Industrial Commission. Questions or concerns regarding US
Airways Group 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.
The Industrial Commission website (www.comp.state.nc.us)
will be updated as needed with additional information.