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.
Rule 701
Appeal to the Full Commission
(1) A letter expressing an intent to appeal shall be considered notice of appeal to the Full Commission within the meaning of N.C.G.S. § 97-85, provided that it clearly specifies the Order or Opinion and Award from which appeal is taken.
(2) After receipt of notice of appeal, the Industrial Commission will
supply to the appellant Form 44 Application for Review upon which appellant
he must state the grounds for his appeal. The grounds must be stated with
in particularity, including the specific errors allegedly committed by
the Commissioner or Deputy Commissioner and, when applicable, the pages in
the transcript on which the alleged errors are recorded. Failure to state with
particularity the grounds for appeal shall result in abandonment of such grounds, as
provided in paragraph (3). The Appellant’s completed Form
44 and brief completed by appellant, along with appellant’s
brief must be filed and served with the Industrial
Commission, copies to appellee, within twenty-five 25 days of
appellant’s receipt of the transcript of the record, or receipt of
notice that there will be no transcript, unless the use of such form shall, in the
discretion of the Industrial Commission, in its discretion, be
waives the use of the Form 44. The time for filing a notice of appeal
from the decision of a Commissioner or Deputy Commissioner under these rules shall be
tolled until a timely motion to amend the decision has been ruled upon by the Commissioner
or Deputy Commissioner.
(3) Particular grounds for appeal not set forth in the application for
review shall be deemed to be abandoned, and argument thereon shall not be
heard before the Full Commission. A non-appealing party is not required to file
conditional assignments of error in order to preserve his rights for possible further
appeals.
(4) When an appeal is made to the Full Commission,
Appellant’s Form 44 and brief if any, in support of
his grounds for appeal shall be filed in triplicate with the Industrial Commission, with written
statement of a certificate indicating service of copy
on appellee by mail or in person on appellee, with the Form 44 upon
which he has stated particular grounds for his appeal, within twenty-five
25 days after receipt of the transcript, or receipt of notice that there will be no
transcript. Thereafter, appellee shall have twenty-five 25 days from receipt
service of appellant’s brief within which to file a reply brief in
triplicate with the Industrial Commission, with written statement of service of copy by
mail or in person on appellant. If When an appellant fails
to file a no brief, appellee shall file his brief
within twenty-five 25 days after appellant’s time for filing brief
has expired. When A party who fails to an appeal
has not filed a brief he will not be allowed
oral argument before the Full Commission. If both parties appeal, they shall each file an
appellant’s and appellee’s brief on the schedule set forth herein. The parties
may file with the Docket Director a written stipulation to a single
extension of time for each party, not to exceed 30 days, if the matter has not been
calendared for hearing.
(5) During the process After notice of
appeal has been given to the Full Commission, any motions by either
party related to the issues before the Full Commission shall be
filed in triplicate with the Full Commission, copy to with
service on the other parties.
(6) No new evidence will be presented to or heard by the Full Commission unless the Commission in its discretion so permits.
(7) Cases should be cited by North Carolina Reports, and, preferably, to
Southeastern Reports as well. Counsel shall not discuss matters outside
the record, assert personal opinions or relate personal experiences, or attribute unworthy
acts or motives to opposing counsel unless it is alleged in good faith that such
materially affected the case.
Ruling on A motion for a new hearing to take additional evidence will be governed by the general law of the State for the granting of new trials on the grounds of newly discovered evidence. Such motion must be written, supported by an affidavit, and may be argued before the Full Commission at the time of the hearing on appeal.
8) The Industrial Commission or any one of the parties with permission
of the Industrial Commission may waive oral argument before the Full Commission. In the
event of such waiver, the Full Commission will file a decision, based on the
record, assignments of error exceptions and briefs. if
any, will be filed by the Full Commission.
(9) A plaintiff appealing the amount of a disfigurement award shall personally appear before the Full Commission to permit the Full Commission to view the disfigurement.
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