Michael F. Easley, Governor Buck Lattimore, Chairman Stephen T. Gheen |
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: December 2, 2004
IMPORTANT NOTICE: FEBRUARY 2005 TRIAL DOCKETS
We continue to experience rather dramatic
increases in the number of cases each Deputy Commissioner must hear in February.
The increase is attributable to a recent rise in the number of requests for
hearing received, continued increases in the number of administrative appeals,
and three Deputy Commissioners being out of rotation due to medical leave, other
assignments, or vacancies.
We strongly encourage trial counsel to determine early in the process if there are cases that can be settled. Traditionally, a number of cases are settled near the actual hearing date. An earlier determination would assist our docket management in February 2005.
It is imperative that trial counsel in every case diligently pursues streamlining the presentation of their cases in February 2005 to accommodate over 500 cases that will be docketed. Based on this number of cases and the number of available Deputy Commissioners, each trial can average only one hour. Trial counsel can help by:
1. Timely submission of Pretrial Agreements, when required;
2. Comprehensive stipulation of undisputed facts and legal elements not in controversy;
3. Timely presentation of all stipulated documents; and
4. Limitation of live testimony to the core disputed issues only.
SPECIAL
NOTE: We strongly prefer receiving requests by email without follow
up letters. We request that the stated reasons be made briefly and
entirely within the body of the email. Sending requests as attachments
to emails are discouraged unless absolutely necessary. We appreciate the
professionalism of parties and counsel preparing formal letters and
transmitting them as attachments. However, the Industrial Commission’s
current email program makes it difficult to retransmit attachments to the
various sections when a case is removed from the master docket. Therefore, we
ask for simple email messages.
Effective today, workers’ compensation cases tentatively identified for docketing in February 2005 are posted on our website at http://www.comp.state.nc.us. The link to the February 2005 list of cases is located on the front page of the website, identified as “Master List of Cases For Docketing, February 2005, by Deputy Commissioner Section” (located below the section “Bankruptcies, Liquidations, & Rehabilitations”). Cases identified for docketing in February 2005 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, Friday, December 10, 2004. 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.
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.
Thank you in advance for your cooperation.
Go to Master List of Cases for Docketing, February 2005, by Region/I.C. File Number
Go to Master List of Cases for Docketing, February 2005, by Plaintiff
Go to Master List of Cases for Docketing, February 2005, by Defendant
Go to Master List of Cases for Docketing, February 2005, by Region/I.C. File Number
Go to Master List of Cases for Docketing, February 2005, by Plaintiff
Go to Master List of Cases for Docketing, February 2005, by Defendant
Go to Master List of Cases for Docketing, January 2005, by Region/I.C. File Number
Go to Master List of Cases for Docketing, January 2005, by Plaintiff
Go to Master List of Cases for Docketing, January 2005, by Defendant
Go to Master List of Cases for Docketing, December 2004, by Region/I.C. File Number
Go to Master List of Cases for Docketing, December 2004, by Plaintiff
Go to Master List of Cases for Docketing, December 2004, by Defendant
Go to Master List of Cases for Docketing, November 2004, by Region/I.C. File Number
Go to Master List of Cases for Docketing, November 2004, by Plaintiff
Go to Master List of Cases for Docketing, November 2004, by Defendant
Go to Master List of Cases for Docketing, October 2004, by Region/I.C. File Number
Go to Master List of Cases for Docketing, October 2004, by Plaintiff
Go to Master List of Cases for Docketing, October 2004, by Defendant
Go to Master List of Cases for Docketing, September 2004, by Region/I.C. File Number
Go to Master List of Cases for Docketing, September 2004, by Plaintiff
Go to Master List of Cases for Docketing, September 2004, by Defendant
Go to Master List of Cases for Docketing, August 2004, by Region/I.C. File Number
Go to Master List of Cases for Docketing, August 2004, by Plaintiff
Go to Master List of Cases for Docketing, August 2004, by Defendant
Go to Master List of Cases for Docketing, July 2004, by Region/I.C. File Number
Go to Master List of Cases for Docketing, July 2004, by Plaintiff
Go to Master List of Cases for Docketing, July 2004, by Defendant
Go to Master List of Cases for Docketing, June 2004, by Region/I.C. File Number
Go to Master List of Cases for Docketing, June 2004, by Plaintiff
Go to Master List of Cases for Docketing, June 2004, by Defendant
Go to Master List of Cases for Docketing, May 2004, by Region/I.C. File Number
Go to Master List of Cases for Docketing, May 2004, by Plaintiff
Go to Master List of Cases for Docketing, May 2004, by Defendant
Go to Master List of Cases for Docketing, April 2004, by Region/I.C. File Number
Go to Master List of Cases for Docketing, April 2004, by Plaintiff
Go to Master List of Cases for Docketing, April 2004, by Defendant
Go to Master List of Cases for Docketing, March 2004, by Region/I.C. File Number
Go to Master List of Cases for Docketing, March 2004, by Plaintiff
Go to Master List of Cases for Docketing, March 2004, by Defendant