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 VII. Appeals

Rule 702

Appeal to the Court of Appeals

(1) Except as otherwise provided in N.C.G.S. § 97-86, in every case appealed to the North Carolina Court of Appeals, the rules governing appeals in ordinary civil actions as set forth in the Rules of Appellate Procedure shall apply. The running of the time for filing and serving a notice of appeal is tolled as to all parties by a timely motion filed by any party to amend, to make additional findings or to reconsider the decision, and the full time for appeal commences to run and is to be computed from the entry of an Order upon any of these motions, in accordance with Rule 3 of the Rules of Appellate Procedure.

(2) If the parties cannot agree on the record on appeal, appellant shall furnish the Chairman of the Industrial Commission, or his designee, one (1) copy of the proposed record on appeal, objections and/or proposed alternative record on appeal at the time along with a timely request is made to the Chairman, or his designee, to settle the record on appeal same. The hearing to settle the record on appeal shall be held at the offices of the Industrial Commission or by telephone conference.

(3) The amount of the appeal bond shall be set by the Chairman, or his designee, and may be waived in accordance with N.C. Gen. Stat. § 97-86. (Amended effective January 1, 1992.)


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