Proposed Revisions to Workers' Compensation Rules
of the North Carolina Industrial Commission

 

Note: The following constitutes the proposed changes in this Rule. Added language appears in bold italic script, and proposed deletions are indicated by strikeout. The changes will not go into effect until further notice by the Industrial Commission.


Article VI. Contested Cases

Rule 610

Pre-Trial Conference and Pre-Trial Order

(1) A Commissioner or Deputy Commissioner may order the parties to appear at a pre-trial conference to determine specific matters. This conference may be conducted at such place and by such method as the Commissioner or Deputy Commissioner deems appropriate, including conference telephone calls.

(2) Any party may request a pre-trial conference when that party deems that such a conference would aid in settling the case or resolving some issues prior to trial. Requests for such pre-trial conferences shall be directed to the Chief Deputy Commissioner before whom the claim has been calendared, or to the Team Coordinator for the geographical area, if any. unless the claim has already been calendared before a Commissioner or Deputy Commissioner, in which instance, the request shall be directed to that Commissioner or Deputy Commissioner.

(3) Without a pre-trial conference, a A Commissioner or a Deputy Commissioner may issue a Pre-Trial Order requiring the parties to submit a Pre-trial Agreement. The parties shall have 15 days following the hearing within which to schedule the taking of medical depositions unless otherwise extended by the Commission. order the parties to prepare a Pre-Trial Agreement. Such Agreement shall be prepared in a form which substantially complies with the Order on Final Pre-Trial Conference adopted in the North Carolina Rules of Practice for the Superior and District Courts. Should the parties fail to comply with an Pre-Trial Order, to prepare a Pre-Trial Agreement, the Commissioner or Deputy Commissioner may remove the case from the hearing docket. Should the parties thereafter comply with the Pre-Trial Order to prepare a Pre-Trial Agreement after the removal of the case, the Pre-Trial Agreement must be directed to the Commissioner or Deputy Commissioner who removed the case from the docket; and the Commissioner or Deputy Commissioner will order the case returned to the hearing docket as if a Request for Hearing had been filed on the date of the Order to return the case to the hearing docket. No new Form 33 Request for Hearing is required.

(4) The Amendments to thus this Rule are effective March 15, 1995


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