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: November 19, 2002 ***[SEE ALSO Chairman Buck Lattimore's April 4, 2003 Memo and Chief Deputy Commissioner Stephen T. Gheen's December 3, 2002 Order]***
RE: P.H. Glatfelter/RFS Ecusta Workers’ Compensation Claims in North Carolina (Update)
Glatfelter has
responded to Chief Deputy Commissioner Gheen’s letter of November 7, 2002
requesting Glatfelter’s position as to the payment of workers’ compensation
claims assumed by Ecusta. For additional background information, please refer to
the MEMORANDUM of
November 8, 2002.
Glatfelter has denied liability for any workers’ compensation claims
assumed by Ecusta that are now in default. Glatfelter’s position is that the
release of the 1.6 Million Dollar security deposit by the North Carolina Department of Insurance
served as a
discharge of Glatfelter’s obligations in North Carolina.
Chief Deputy Commissioner Stephen Gheen is scheduling a hearing in December 2002 to join all necessary and proper parties to determine the issue of claim payment. The hearing will be conducted during the week of December 16, 2002. As soon as the hearing has been set the particulars will be posted.
Employees whose claims were assumed by Ecusta from Glatfelter are
experiencing and may expect a continuing disruption in the processing and
payment of their claims. The Department of Insurance
advises that it
is determining the procedures necessary to use Ecusta’s 1.6 Million Dollar
security deposit for payment of claims. Ecusta employees who filed claims during
the period of commercial insurance coverage should experience no disruption in
the processing or payment of their claims. If any claimant does not receive
benefits to which they are lawfully entitled or should benefits awarded be
suspended or terminated for unexplained reasons in these cases, please notify
the Industrial Commission.
Questions or concerns regarding Glatfelter/Ecusta 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.
Read Chairman Buck Lattimore's April 4, 2003 Memo.
Read Chief Deputy Commissioner Stephen T. Gheen's December 3, 2002 Order.
Read Chairman Lattimore's November 8, 2002 Memorandum.
Read NCSIGA's October 28, 2002 Letter.