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:   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.

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/