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 614

Attorneys Retained for Proceedings

(1) Any attorney who is retained by a party accepts employment in a proceeding before the Industrial Commission shall immediately file a notice of appearance with notify in writing the Industrial Commission of an appearance, at which time the attorney shall be attorney of record. A copy of this notice shall be served on all other counsel and to on all unrepresented parties. Thereafter, all notices required to be served on a party shall be served upon the attorney. at the business address provided, and No direct contact or communication concerning or affecting contested matters may be made with a represented party the attorney’s client by the opposing party or any person on its behalf, without the attorney’s permission except providers of medical compensation and except as otherwise required as permitted by law or Industrial Commission Rules and Forms.

(2) Any attorney who wishes to withdraw from representation employment in a proceeding before the Industrial Commission shall file with the Industrial Commission, in writing:

(a) A Motion to Withdraw which shall contain a statement of reasons for the request and a statement that the reasons for notice that the request have has been served on the client or clients from whose employment the attorney wishes to be allowed to withdraw.

(b) A Motion to Withdraw before an award is made shall state whether the withdrawing attorney requests an attorney fee from the represented party once an award of compensation is made or approved. An attorney replacing a withdrawn attorney shall be deemed to have received notice of the request of the withdrawing attorney in regards to the attorney fee request.

(3) The employment of An attorney so petitioning for permission to may withdraw from representation may be terminated only by written permission order of the Industrial Commission. The issuance of an award of the Industrial Commission does not release an attorney as the attorney of record. The attorney of record may, upon Motion to Withdraw, be released by written permission of the Industrial Commission.

(5) The Amendments to this Rule are effective March 15, 1995.


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