Table of Contents for Chapter 97. Workers' Compensation Act.

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

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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 [Repealed.]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 [Repealed.]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 [Repealed.]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 [Repealed.]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.

§ 97-26.2. Reimbursement for prescription drugs and professional pharmaceutical services.

§ 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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