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 703

Appeals from Review of Administrative Decisions

(1) Orders, Decisions, and Awards made in a summary manner, without detailed findings of fact, including Decisions on applications to approve agreements to pay compensation and medical bills, applications to approve the termination or suspension of compensation, applications for change in treatment or providers of medical compensation, applications to change the interval of payments, and applications for lump sum payments of compensation may be appealed reviewed by filing a Motion for Reconsideration with the Industrial Commission and addressed to the Administrative Officer who made the Decision or may be appealed by requesting a hearing within fifteen 15 days of receipt of the Decision or receipt of the ruling on a Motion to Reconsider. Said These issues may also be raised and determined at a subsequent hearing.

(2) Motions for Reconsideration shall not stay the effect of the Order, Decision or Award; provided, that the Administrative Officer making the Decision or a Commissioner may enter an Order staying its effect pending the ruling on the Motion for Reconsideration or pending a Decision by a Commissioner or Deputy Commissioner following a formal hearing. In determining whether or not to grant a stay, the Commissioner or Administrative Officer will consider whether granting the stay will frustrate the purposes of the Order, Decision, or Award.

(3) Any appeal review made by requesting a hearing shall be made to the Industrial Commission and filed with the Industrial Commission’s Docket Director. The Industrial Commission shall designate a Commissioner or Deputy Commissioner to hear the appeal review. The Commissioner or Deputy Commissioner hearing the matter shall consider all issues de novo, and no issue shall be considered moot solely because the Order has been fully executed during the pendency of the hearing.

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


Go Back to January 10, 2000 Proposed Notice of Rule-Making Page


Return to N.C. Industrial Commission Home Page

Return to NCIC Alternate Home Page


N.C. Industrial Commission · 4319 Mail Service Center · Raleigh, NC 27699-4319
Main:  (919) 733-4820  ·   Fax:  (919) 715-0282  ·   BBS:  (919) 715-5920
Internet Address:  http://www.comp.state.nc.us/