*See House Bill 709 for changes to Chapter 97, effective June 24, 2011
 

Display Complete Text of Chapter 97.
 

ARTICLE 1.
Workers' Compensation Act.

Section

§97-1. Short title.

§97-1.1. References to workmen's compensation.

§97-2. Definitions.

§97-3. Presumption that all employers and employees have come under provisions of Article.

§97-4. [Repealed.]

§97-5. Presumption as to contract of service.

§97-6. No special contract can relieve an employer of obligations.

§97-6.1. [Repealed.]

§97-7. State or subdivision and employees thereof.

§97-8. Prior injuries and deaths unaffected.

§97-9. Employer to secure payment of compensation.

§97-10. [Repealed.]

§97-10.1. Other rights and remedies against employer excluded.

§97-10.2. Rights under Article not affected by liability of third party; rights and remedies against third parties.

§97-10.3. Minors illegally employed.

§97-11. Employer not relieved of statutory duty.

§97-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.

§97-12.1. Willful misrepresentation in applying for employment.

§97-13. Exceptions from provisions of Article.

§97-14 through §97-16. [Repealed.]

§97-17. Settlements allowed in accordance with Article.

§97-18. Prompt payment of compensation required; installments; payment without prejudice; notice to Commission; penalties.

§97-18.1. Termination or suspension of compensation benefits.

§97-19. Liability of principal contractors; certificate that subcontractor has complied with law; right to recover compensation of those who would have been liable; order of liability.

§97-19.1. Truck, tractor, or truck tractor trailer driver's status as employee or independent contractor.

§97-20. Priority of compensation claims against assets of employer.

§97-21. Claims unassignable and exempt from taxes and debts; agreement of employee to contribute to premium or waive right to compensation void; unlawful deduction by employer.

§97-22. Notice of accident to employer.

§97-23. What notice is to contain; defects no bar; notice personally or by registered letter or certified mail.

§97-24. Right to compensation barred after two years; destruction of records.

§97-25. Medical treatment and supplies.

§97-25.1. Limitation of duration of medical compensation.

§97-25.2. Managed care organizations.

§97-25.3. Preauthorization.

§97-25.4. Utilization guidelines for medical treatment.

§97-25.5. Utilization guidelines for vocational and other rehabilitation.

§97-25.6. Reasonable access to medical information.

§97-26. Fees allowed for medical treatment; malpractice of physician.

§97-26.1. Fees for medical records and reports; expert witnesses.

§97-27. Medical examination; facts not privileged; refusal to be examined suspends compensation; autopsy.

§97-28. Seven-day waiting period; exceptions.

§97-29. Compensation rates for total incapacity.

§97-29.1. Increase in payments in cases for total and permanent disability occurring prior to July 1, 1973.

§97-30. Partial incapacity.

§97-31. Schedule of injuries; rate and period of compensation.

§97-31.1. [Note: Effective until January 1, 1997, contingent on approval of constitutional amendments.] Effective date of legislative changes in benefits.

§97-32. Refusal of injured employee to accept suitable employment as suspending compensation.

§97-32.1. Trial return to work.

§97-32.2.Vocational Rehabilitation.

§97-33. Prorating in event of earlier disability or injury.

§97-34. Employee receiving an injury when being compensated for former injury.

§97-35. How compensation paid for two injuries; employer liable only for subsequent injury.

§97-36. Accidents taking place outside State; employees receiving compensation from another state.

§97-37. Where injured employee dies before total compensation is paid.

§97-38. Where death results proximately from compensable injury or occupational disease; dependents; burial expenses; compensation to aliens; election by partial dependents.

§97-39. Widow, widower, or child to be conclusively presumed to be dependent; other cases determined upon facts; division of death benefits among those wholly dependent; when division among partially dependent.

§97-40. Commutation and payment of compensation in absence of dependents; "next of kin" defined; commutation and distribution of compensation to partially dependent next of kin; payment in absence of both dependents and next of kin.

§97-40.1. Second Injury Fund.

§97-41. [Repealed.]

§97-42. Deduction of payments.

§97-42.1. Credit for unemployment benefits.

§97-43. Commission may prescribe monthly or quarterly payments.

§97-44. Lump sums.

§97-45. Reducing to judgment outstanding liability of insurance carriers withdrawing from State.

§97-46. Lump sum payments to trustee; receipt to discharge employer.

§97-47. Change of condition; modification of award.

§97-47.1. Payment without prejudice; limitations period.

§97-48. Receipts relieving employer; payment to minors; when payment of claims to dependents subsequent in right discharges employer.

§97-49. Benefits of mentally incompetent or minor employees under 18 may be paid to a trustee, etc.

§97-50. Limitation as against minors or mentally incompetent.

§97-51. Joint employment; liabilities.

§97-52. Occupational disease made compensable; "accident" defined.

§97-53. Occupational diseases enumerated; when due to exposure to chemicals.

§97-54. "Disablement" defined.

§97-55. "Disability" defined.

§97-56. Limitation on compensable diseases.

§97-57. Employer liable.

§97-58. Time limit for filing claims.

§97-59. Employer to pay for treatment.

§97-60. [Repealed.]

§97-61. [Rewritten as §§ 97-61.1 to 97-61.7.]

§97-61.1. First examination of and report on employee having asbestosis or silicosis.

§97-61.2. Filing of first report; right of hearing; effect of report as testimony.

§97-61.3. Second examination and report.

§97-61.4. Third examination and report.

§97-61.5. Hearing after first examination and report; removal of employee from hazardous occupation; compensation upon removal from hazardous occupation.

§97-61.6. Hearing after third examination and report; compensation for disability and death from asbestosis or silicosis.

§97-61.7. Waiver of right to compensation as alternative to forced change of occupation.

§97-62. "Silicosis" and "asbestosis" defined.

§97-63. Period necessary for employee to be exposed.

§97-64. General provisions of act to control as regards benefits.

§97-65. Reduction of rate where tuberculosis develops.

§97-66. Claim where benefits are discontinued.

§97-67. Postmortem examinations; notice to next of kin and insurance carrier.

§97-68. Controverted medical questions.

§97-69. Examination by advisory medical committee; inspection of medical reports.

§97-70. Report of committee to Industrial Commission.

§97-71. Filing report; right of hearing on report.

§97-72. Appointment of advisory medical committee; terms of office; duties and functions; salaries and expenses.

§97-73. Expenses of making examinations.

§97-74. Expense of hearings taxed as costs in compensation cases; fees collected directed to general fund.

§97-75. [Repealed.]

§97-76. [Repealed.]

§97-77. North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.

§97-77.1. [Note: Expires July 1, 1997.] Advisory council.

§97-78. Salaries and expenses; secretary and other clerical assistance; annual report.

§97-78.1. Standards of judicial conduct to apply to commissioners and deputy commissioners.

§97-79. Offices and supplies; deputies with power to subpoena witnesses and to take testimony, meetings, hearings.

§97-80. Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs.

§97-81. Blank forms and literature; statistics; safety provisions; accident reports; studies and investigations and recommendations to General Assembly; to cooperate with other agencies for prevention of injury.

§97-82. Memorandum of agreement between employer and employee to be submitted to Commission on prescribed forms for approval; direct payment as award.

§97-83. Commission is to make award after hearing.

§97-83.1. Facilities for hearings; security.

§97-84. Determination of disputes by Commission or deputy.

§97-85. Review of award.

§97-86. [Note: Effective October 1, 1996.] Award conclusive as to facts; appeal; certified questions of law.

§97-86.1. Payment of award pending appeal in certain cases.

§97-86.2. Interest on awards after hearing.

§97-87. Filing agreements approved by Commission or awards judgment in accordance therewith; discharge or restoration of lien.

§97-88. Expenses of appeals brought by insurers.

§97-88.1. Attorney's fees at original hearing.

§97-88.2. Penalty for misrepresentation.

§97-88.3. Penalty for health care providers.

§97-89. Commission may appoint qualified physician to make necessary examinations; expenses; fees.

§97-90. Legal and medical fees to be approved by Commission; misdemeanor to receive fees unapproved by Commission, or to solicit employment in adjusting claims; agreement for fee or compensation.

§97-90.1. Insurers that provide employee's health benefit plans, disability income plans, or any other health insurance plans.

§97-91. Commission to determine all questions.

§97-92. Employer's record and report of accidents; records of Commission not open to public; supplementary report upon termination of disability; penalty for refusal to make report; when insurance carrier liable.

§97-93. Employers required to carry insurance or prove financial ability to pay for benefits; employers required to post notice; self-insured employers regulated by Commissioner of Insurance.

§97-94. Employers required to give proof that they have complied with preceding section; penalty for not keeping liability insured; review; liability for compensation; failure to secure payment of compensation a misdemeanor.

§97-95. Actions against employers failing to effect insurance or qualify as self-insurer.

§97-96. [Repealed.]

§97-97. Insurance policies must contain clause that notice to employer is notice to insurer, etc.

§97-98. Policy must contain agreement promptly to pay benefits; continuance of obligation of insurer in event of default.

§97-99. Law written into each insurance policy; form of policy to be approved by Commissioner of Insurance; single catastrophe hazards.

§97-100. Rates for insurance; carrier to make reports for determination of solvency; tax upon premium; returned or canceled premiums; reports of premiums collected; wrongful or fraudulent representation of carrier punishable as misdemeanor; notices to carrier; employer who carries own risk shall make report on payroll.

§97-101. Collection of fines and penalties.

ARTICLE 2.
Compensation Rating and Inspection Bureau.

Section

§97-102 through §97-104.6. [Repealed.]

ARTICLE 3.
Security Funds.

Section

§97-105 through §97-122. [Repealed.]

§97-123 through §97-129. [Reserved.]

ARTICLE 4.
North Carolina Self-Insurance Guaranty Association.

Section

§97-130. Definitions.

§97-131. Creation

§97-132. Board of directors.

§97-133. Powers and duties of the Association.

§97-134. Plan of Operation.

§97-135. Insolvency

§97-136. Powers and duties of the Commissioner.

§97-137. Examination of the Association.

§97-138. Tax exemption.

§97-139. Immunity.

§97-140. Nonduplication of recovery.

§97-141. Stay of proceedings.

§97-142. Disposition of assets upon dissolution.

§97-143. Use of deposits made by insolvent member self-insurers.

ARTICLE 5.
Individual Employers.

Section

§97-165. Definitions.

§97-170. License applications; required information.

§97-175. License.

§97-180. Reporting and records.

§97-185. Deposits; surety bonds; letters of credit.

§97-190. Excess insurance.

§97-195. Revocation of license.

§97-200. Claims administration.

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