N.C. Industrial Commission Latest News & Information

Governor Cooper Nominates James C. Gillen to the North Carolina Industrial Commission

Governor Roy Cooper has nominated James C. Gillen for appointment as a Commissioner to the North Carolina Industrial Commission, pending confirmation by the North Carolina General Assembly. Deputy Commissioner Gillen will continue to serve in his current position until his confirmation process is complete and he has been sworn in. For a brief biography of DC Gillen, please click here.
 

Notice of Meeting

The Commission will meet at 2:00 p.m. on Thursday, January 17, 2019 in the Industrial Commission Law Library, Room 6037 of the Dobbs Building. Please click here for more information.
 

Layla Santa Rosa Appointed Deputy Commissioner

Chairman Charlton Allen is pleased to announce the appointment of Layla T. Santa Rosa as a Deputy Commissioner. DC Santa Rosa has served the Industrial Commission for many years in diverse roles, working as a Special Deputy Commissioner in the Executive Secretary’s Office and also with the Full Commission, serving as Law Clerk to former Commissioner Tammy R. Nance and Chairman Allen. DC Santa Rosa also practiced workers’ compensation law for six years as a Senior Associate with a law firm in Wake County. She is a graduate of Peace College and earned her J.D. from the University of North Carolina School of Law.
 

"Group 2" Permanent Rule Changes, Effective January 1, 2019

On December 13, 2018, the Rules Review Commission approved all proposed changes to the "Group 2" Workers' Compensation Rules and the Public Safety Employees' Death Benefits Act Rules as adopted by the Industrial Commission. Please click here to view an annotated version of the approved rules. For the convenience of the Commission's stakeholders, an overview of the substantive changes is available here. The changes will be effective January 1, 2019.

On the same day, the Rules Review Commission approved proposed changes to rules governing the State Tort Claims Act. However, the Tort Rules received more than ten letters of objection. As a result, the rules are subject to legislative review pursuant to N.C. Gen. Stat. § 150B-21.3. An annotated version of the Tort Rules is available here.
 

Inclement Weather Notice

Please be advised that, due to inclement weather, certain North Carolina Industrial Commission functions may be disrupted over the next few days. In the event of inclement weather, please call the Industrial Commission Inclement Weather Hearing Cancellation Hotline at (919) 807-2600 for updates on any hearing cancellations.
 

Congratulations to Judge Brian Ratledge

The Industrial Commission’s General Counsel, Brian Ratledge, was recently elected to serve as a Wake County District Court Judge. Brian has been the Commission’s General Counsel since January 2017. The Governor has appointed Brian to fill a judicial vacancy, so his last day at the Commission was November 30, 2018. While the Commission will miss his wise legal advice and sense of humor, we wish him the best of luck in this next chapter.
 

"Group 1" Permanent Rule Changes, Effective December 1, 2018

On November 15, 2018, the Rules Review Commission ("RRC") approved amendments to Rules 11 NCAC 23A .0101, .0102, .0103, .0108, .0302, .0411, .0503, .0602, .0603, .0608, .0609A, .0610, and .0611. The RRC also approved the repeal of Rule 11 NCAC 23A .0618. Please click here to view an annotated version of the approved rules, detailing all amendments. For the convenience of the Commission’s stakeholders, an overview of the substantive changes is available here. The changes will go into effect December 1, 2018.
 

Commission Adopts Changes to "Group 2" Rules and Public Safety Employees’ Death Benefits Act Rules

On November 19, 2018, the Industrial Commission formally adopted changes to the "Group 2" Workers’ Compensation Rules and Tort Rules. The Group 2 Rules as adopted by the Commission are available here. Amendments made in response to public comments are highlighted. The Rules Review Commission will consider the proposed changes at its December meeting.

Additionally, the Commission adopted changes to the Public Safety Employees’ Death Benefits Act Rules under N.C. Gen. Stat. § 150B-21.5(a). The amendments reflect the title of the Act being changed from the Law Enforcement Officers’, Firemen’s, Rescue Squad Workers’ and Civil Air Patrol Members’ Death Benefits Act to the Public Safety Employees’ Death Benefits Act. The Rules Review Commission will also consider these proposed amendments at its December meeting. The proposed changes are available here.
 

Notice of Meeting

The Commission will meet at 2:00 p.m. on Monday, November 19, 2018 in the Industrial Commission Law Library, Room 6037 of the Dobbs Building. Please click here for more information.
 

Health Care Providers Must Review the Controlled Substances Reporting System (CSRS) When Prescribing a Targeted Controlled Substance

Health care providers must now review the CSRS when prescribing a targeted controlled substance to an injured worker with a workers’ compensation claim. The health care provider must also document in the injured worker’s medical record the review and any potential contraindications to prescribing a targeted controlled substance found in the CSRS.

North Carolina Industrial Commission Rules 11 NCAC 23M .0201(k), .0202(k), and .0203(k) provide the specific review requirements health care providers must follow. The Executive Summary of the North Carolina Industrial Commission Rules for the Utilization of Opioids, Related Prescriptions, and Pain Management in Workers’ Compensation Claims may found here.
 

Controlled Substances Reporting System Review Requirements Become Effective November 1, 2018

Beginning on November 1, 2018, health care providers will be required to review the Controlled Substances Reporting System (“CSRS”) when prescribing a targeted controlled substance to an injured worker with a workers’ compensation claim. Click here to view an Industrial Commission news release.
 

Commissioner Causey Approves Decrease to Workers’ Compensation Rates

North Carolina business owners may soon enjoy lower operating costs. On October 19, 2018, Insurance Commissioner Mike Causey approved an average 17.2 percent rate decrease for workers’ compensation insurance to be effective April 1, 2019. Click here to view an Industrial Commission news release.
 

The 23rd Annual Workers’ Compensation Educational Conference

On October 10-12, 2018, the North Carolina Industrial Commission, in association with the International Workers’ Compensation Foundation, held the 23rd Annual North Carolina Workers’ Compensation Educational Conference. The goal of this conference is not only to educate those who participate in the North Carolina workers’ compensation system regarding current rules, procedures, and policies, but also to provide an opportunity for dialogue among the participants.

Presenters included Chairman Charlton Allen, Industrial Commission Section Heads, plaintiffs’ and defense attorneys, medical and vocational rehabilitation specialists, and physicians. The presentations covered a wide variety of topics from Industrial Commission procedures to how diabetes can affect recovery to the physician’s role in the return-to-work process. Approximately 631 individuals attended the 23rd Annual Conference. We hope you join us next year at the Annual Conference as the Commission celebrates its 90th Anniversary.
 

Mediation Rates Continue to Impress in FY 2017-18

The Mediation Section continues to empower parties in pending cases before the Industrial Commission to take an active role in the resolution of their disputes and, where possible, minimize the need for hearings and appeals. In FY 2017-18, the settlement rate at mediation exceeded 72.5% for the fourth straight fiscal year. Over 9,500 cases were referred to mediation, of which 72.91% were settled at mediation conferences. The overall settlement rate of cases was 76.02%. Prior to FY 2014-15, the annual settlement rate at mediation conferences exceeded 72.5% only once during the initial 20 years of the Commission’s Mediation Program. The FY 2017-18 numbers demonstrate the success and resiliency of the Program even in the face of significant changes in the workers’ compensation field.
 

Notice of Proposed Rulemaking: 11 NCAC 23B and 11 NCAC 23L Rules

Please click here to view a notice regarding two proposed adoptions, 15 proposed amendments, and two proposed repeals for rules governing State tort claims. The notice includes the text of the proposed rules, the public hearing time, and information on how to submit public comments.

The Commission held the public hearing on November 29, 2018. Please click here to view a transcript of the public hearing.
 

Notice of Meeting

The Commission will meet at 3:00 p.m. on Wednesday, October 17, 2018, in the Industrial Commission Law Library, Room 6037 of the Dobbs Building. Please click here for more information.
 

The Employee Classification Section’s Efforts Continue to Produce Results in FY 2017-18

In Fiscal Year 2017-18, the Employee Classification Section’s work with the Compliance and Fraud Investigation Section of the North Carolina Industrial Commission to identify businesses engaged in employee misclassification resulted in the assessment of over $4.5 million in penalties. There were $576,501 in adjustments, and the Commission collected $611,742 of the penalties assessed. The remaining $3.3 million in assessments are pending and/or in litigation within the Industrial Commission.

The Employee Classification Section also continues to work with the United States Department of Labor, the NC Division of Employment Security, the N.C. Department of Labor, and the N.C. Department of Revenue to identify noncompliant businesses. For more information on the Employee Classification Section and how to report employee misclassification, click here.
 

Proposed Decrease to Workers’ Compensation Insurance Rates

On August 29, 2018, the North Carolina Rate Bureau filed a proposed average 17.2 percent decrease in its residual market rate filing. As part of the proposed decrease, the Rate Bureau proposed a 15.9 percent decrease in loss costs, one of the key variables used to calculate insurance rates. For more information, click here to view an Industrial Commission news release.
 

Industrial Commission Focuses on Combating Fraud and Noncompliance:
Over 600 Charges Issued and Over $8 Million in Penalties Collected

The North Carolina Industrial Commission’s Compliance and Fraud Investigative Division is continuing to proactively identify businesses out of compliance with the Workers’ Compensation Act at an unprecedented rate. Please click here to view an Industrial Commission news release.
 

Controlled Substances Reporting System Review Requirements
for Health Care Providers Become Effective November 1st

Beginning on November 1, 2018, health care providers will be required to review the Controlled Substances Reporting System ("CSRS") when prescribing a targeted controlled substance to an injured worker with a workers’ compensation claim. Health care providers must document in the injured worker’s medical record the review and any potential contraindications to prescribing a targeted controlled substance found in the CSRS. The relevant North Carolina Industrial Commission Rules are 11 NCAC 23M .0201(k), .0202(k), and .0203(k).

For more information on the North Carolina Industrial Commission Rules for the Utilization of Opioids, Related Prescriptions, and Pain Management in Workers’ Compensation Claims and the Companion Guide, please click here.
 

Industrial Commission Releases Fiscal Year 2017-18 Annual Report

The Commission has released its Fiscal Year 2017-18 Annual Report. Please click here to view the report.
 

Final Order Signed in Litigation Over Commission’s Medical Fee Schedule

On September 18, 2018, Superior Court Judge Paul Ridgeway signed an order affirming the December 14, 2015 Declaratory Ruling of the North Carolina Industrial Commission, ending years-long litigation concerning the Commission’s Medical Fee Schedule. For more information, click here to view an Industrial Commission news release.
 

Chairman Allen Announces 20/20 Technology Initiative

To improve efficiency and enhance customer service, the Industrial Commission has established goals designed to update and improve the Industrial Commission’s public-facing technology. In the coming years, the Commission will embrace technological advances, which will improve efficiency and enhance customer service for attorneys, parties, and other stakeholders. Most importantly, the Industrial Commission will implement a 21st-century case management system, making it easier for our stakeholders to file documents and track the status of their pending cases. Using state-of-the-art modalities, this plan will improve the Commission’s current practices to be more responsive to the public’s needs. Updates on Chairman Allen’s 20/20 Technology Initiative will be posted on the Industrial Commission’s website and the Industrial Commission’s Twitter account, @IC_NC_GOV.
 

Industrial Commission Inclement Weather Hearing Cancellation Hotline

Please be advised that, due to the continuing impact of Hurricane Florence, certain North Carolina Industrial Commission functions may be disrupted over the next few days. In the event of inclement weather, please call the Industrial Commission Inclement Weather Hearing Cancellation Hotline at (919) 807-2600 for updates on any hearing cancellations.
 

Notice of Proposed Rulemaking: 11 NCAC 23A Group 2 Rules and 11 NCAC 23B Rules

Please click here to view a notice regarding two proposed adoptions and nine amendments for rules governing workers’ compensation claims, as well as two amendments and one repeal for rules governing State tort claims. The notice includes the text of the proposed rules, the public hearing time, and information on how to submit public comments.

The Commission held the public hearing on Wednesday, October 31, 2018. Please click here to view a transcript of the public hearing.

Click here to review the public comments received. The Commission will accept written comments until November 16, 2018.
 

A. Robinson "Robby" Hassell Appointed to the Industrial Commission

Effective August 16, 2018, Governor Roy Cooper appointed A. Robinson "Robby" Hassell as a Commissioner of the North Carolina Industrial Commission on an urgent basis, pending confirmation by the General Assembly. Before his appointment as Commissioner, Hassell served as an Emergency Superior Court Judge. Robby Hassell received his B.A. in Political Science and Economics from the University of North Carolina at Chapel Hill and his law degree from the University of North Carolina School of Law. Governor Cooper appointed Hassell to the seat of former Commissioner Tammy R. Nance.
 

Notice of Industrial Commission Rulemaking: 11 NCAC 23A Group 1 Rules

Please click here to view a notice regarding thirteen proposed amendments and one proposed repeal for rules governing workers’ compensation claims. The notice includes the text of the proposed rules, the public hearing time, and information on how to submit public comments.

The Commission held the public hearing on Wednesday, September 26, 2018. Please click here to view a transcript of the public hearing.
 

Workers’ Compensation Fraud Case Uncovered in Craven County

Kimberly Ann Sutton has been charged with two counts of obtaining property by false pretense and two counts of workers’ compensation fraud in Craven County. Please click here for more information.
 

Permanent Rule Amendment to Medical Fee Schedule, Effective June 1, 2018

On October 19, 2017, the Rules Review Commission approved the rule amendment to Rule 04 NCAC 10J .0103 (recently recodified as 11 NCAC 23J .0103). Please click here to view an annotated version of the approved rule showing all amendments. However, the rule received ten or more letters of objection. Therefore, this rule was subjected to legislative review with a delayed effective date of the earliest of the 31st legislative day of the General Assembly's session or the date of adjournment.

Upon receiving additional clarification regarding the count of legislative days from the Senate Principal Clerk’s Office and the House Principal Clerk’s Office, it was determined the legislature reached its 31st day of this regular session on June 1, 2018. This clarification affected the rules of several agencies, including Rule 11 NCAC 23J .0103.

For dates of service between April 1, 2015 to May 31, 2018, the effective rule can be found here. For dates of service on or after June 1, 2018, the effective rule can be found here.
 

Chairman Allen's Law Clerk Is Now Layla T. Santa Rosa

Effective July 10, 2018, Layla T. Santa Rosa will serve as Law Clerk to Chairman Charlton L. Allen. Santa Rosa has served the Industrial Commission for many years in diverse roles, working as a Special Deputy Commissioner in the Executive Secretary’s Office and for the Full Commission. Recently, she served as Law Clerk to former Commissioner Tammy R. Nance. Santa Rosa also practiced workers’ compensation law for six years as a Senior Associate with a law firm in Wake County. She is a graduate of Peace College and earned her J.D. from the University of North Carolina School of Law.
 

Notice of Meeting

The Commission will meet at 2:00 p.m. on Tuesday, July 10, 2018, in the Industrial Commission Law Library, Room 6037 of the Dobbs Building. Please click here for more information.
 

Ashley M. Moore Appointed Deputy Commissioner

Chairman Charlton L. Allen is pleased to announce the appointment of Ashley M. Moore as a Deputy Commissioner in the Raleigh office. Moore has served most recently as Law Clerk to Chairman Allen. Previously, she served as Law Clerk to former Commissioner Linda Cheatham and as Law Clerk to Vice-Chairman Yolanda K. Stith. In addition to her work at the Commission, Moore has practiced law in Wake County. She is a graduate of the University of North Carolina and earned her J.D. from North Carolina Central University School of Law.
 

Commissioner Myra L. Griffin's Appointment Confirmed by the General Assembly

Commissioner Myra L. Griffin's appointment to the Industrial Commission was confirmed by the North Carolina General Assembly on June 29, 2018. Governor Roy Cooper appointed Commissioner Griffin to fill the unexpired term of former Commissioner Linda Cheatham.
 

23rd Annual N.C. Workers' Compensation Educational Conference
Will Be Held on Wednesday-Friday, October 10-12, 2018

Registration is now open for the Twenty-Third Annual North Carolina Workers' Compensation Educational Conference, which will take place at the Raleigh Convention Center on Wednesday-Friday, October 10-12, 2018. The conference is presented by the North Carolina Industrial Commission, in association with the International Workers' Compensation Federation.

The program provides valuable information of particular importance for employers, insurance adjusters, self-insurers, third party administrators, safety and human resource managers, plaintiff and defense attorneys, health care providers, mediators, medical and rehabilitation providers, and anyone with a professional interest in the North Carolina workers' compensation system. Application is pending for continuing education credits for Attorney CLE, Paralegal CLE, Adjuster CE, SHRM CE, and Rehabilitation CRC/CDMS/CCM credits. Any other discipline will be provided, upon request, a certificate of completion.

The conference includes an exhibit hall, as well as networking and sponsorship opportunities.

To register and for additional details, download the conference brochure by clicking here.

For more information on the conference and to register in advance, please contact Jeanne Bush or Eric Oxfeld at the International Workers' Compensation Foundation office by telephone at (386) 677-0041, fax at (386) 677-0155, or e-mail at IWCF@bellsouth.net. You may also register at the conference.
 

Recodification of Industrial Commission Rules

Effective June 1, 2018, the Industrial Commission's rules will be recodified from Title 04 Chapter 10 of the North Carolina Administrative Code to Title 11 Chapter 23 of the Administrative Code. The recodification is part of the Industrial Commission's transfer from the Department of Commerce to the Department of Insurance. As a result of the transfer, the Industrial Commission's rules will move to Title 11 of the Administrative Code, the section under the Department of Insurance. All references and citations to an Industrial Commission rule on or after June 1, 2018, should use the recodified title and chapter citation. Questions should be directed to Ashley B. Snyder, Interim Rulemaking Coordinator.
 

Combating Fraud and Noncompliance: Over $5.1 Million
in Penalties Collected at End of Third Quarter

The North Carolina Industrial Commission's Compliance and Fraud Investigative Division continues to proactively identify businesses not complying with the Workers' Compensation Act at an unprecedented rate. Please click here to view an Industrial Commission news release.
 

Notice of Meeting

The Commission will meet at 1:30 p.m. on Thursday, May 17, 2018, in the Industrial Commission Law Library, Room 6037, of the Dobbs Building. Please click here for more information.
 

Myra L. Griffin Appointed to the Industrial Commission

On May 3, 2018, Governor Roy Cooper appointed Myra L. Griffin as a Commissioner of the N.C. Industrial Commission on an urgent basis, pending confirmation by the General Assembly. Commissioner Griffin was appointed to the unexpired term of former Commissioner Linda Cheatham, who resigned from the Commission, effective January 2018.
 

Notice of Meeting

The Commission will meet at 1:00 p.m. on Friday, May 4, 2018, in the Industrial Commission Law Library, Room 6037 of the Dobbs Building. Please click here for more information.
 

Opioid Utilization Rules and Companion Guide, Effective May 1, 2018

The North Carolina Industrial Commission Rules for the Utilization of Opioids, Related Prescriptions, and Pain Management in Workers' Compensation Claims are effective as of May 1, 2018. To assist employees, employers, carriers, health care providers, pharmacists, attorneys, and other stakeholders in the North Carolina workers' compensation system in understanding and implementing these Rules, the Industrial Commission has adopted a Companion Guide, effective May 1, 2018. The Companion Guide does not cover every aspect of the Rules, but rather provides guidance on rule provisions or topics as deemed necessary by the Industrial Commission. The Companion Guide also contains some additional guidelines established by the Industrial Commission that are not contained in, but complement, the Rules.

Please click here for additional information and to access these materials.
 

Opioid Utilization Rules Approved by Rules Review Commission

On April 19, 2018, the Rules Review Commission approved nine rules adopted by the Industrial Commission for the utilization of opioids, related prescriptions, and pain management treatment in workers' compensation claims. Six of the nine rules were approved with technical corrections. Please click here to view the nine approved rules. No letters of objection were received. Therefore, these rules will go into effect on May 1, 2018.
 

Permanent Rule Amendment Approved by Rules Review Commission

On April 19, 2018, the Rules Review Commission approved the rule amendment with technical corrections to Rule 04 NCAC 10A .0107. Please click here to view an annotated version of the approved rule showing all amendments. No letters of objection were received. Therefore, this rule as amended is effective as of May 1, 2018.
 

Notice of Meeting

The Commission will meet at 1:00 p.m. on Tuesday, April 24, 2018, in the Industrial Commission Law Library, Room 6037 of the Dobbs Building. Please click here for more information.
 

Sumit Gupta Designated Interim Chief Deputy Commissioner

On April 15, 2018, Chairman Charlton L. Allen designated Deputy Commissioner Sumit Gupta as interim Chief Deputy Commissioner of the North Carolina Industrial Commission. Click here for a short biography of Mr. Gupta.
 

Chairman Allen's Law Clerk Is Now Ashley Moore

Effective April 2, 2018, Ashley M. Moore will serve as Law Clerk to Chairman Charlton L. Allen. Ms. Moore joined the Commission in 2015. She has served as Law Clerk to former Commissioner Linda Cheatham and, most recently, as Law Clerk to Vice-Chairman Yolanda K. Stith. Prior to joining the Commission, Ms. Moore practiced family law in Wake County. She is a graduate of the University of North Carolina and earned her J.D. from North Carolina Central University School of Law. Please send all motions, correspondence, or updates for Chairman Allen to ashley.moore@ic.nc.gov.
 

Notice of Meeting

The Commission will meet at 3:00 p.m. on Wednesday, April 18, 2018, in the Industrial Commission Law Library, Room 6037 of the Dobbs Building. Please click here for more information.
 

Notice of Letter to Rules Review Commission Regarding Periodic Review Exemption Request

Please click here to review the April 11, 2018 letter sent to the North Carolina Rules Review Commission requesting an exemption from the current round of periodic review of existing rules.
 

Important News Regarding Ambulatory Surgery Center Fee Schedule Rule [UPDATED]

On November 21, 2017, by a unanimous decision, the Court of Appeals issued an Opinion reversing the August 9, 2016 Decision of Superior Court Judge Paul Ridgeway and remanding the case for entry of an order affirming the Industrial Commission's December 14, 2015 Declaratory Ruling. The Court of Appeals held that the ambulatory surgery center provisions of the workers' compensation medical fee schedule that became effective April 1, 2015 were promulgated in accordance with the Administrative Procedure Act and are valid retroactively and prospectively. Please click here to read that decision.

On April 6, 2018, the North Carolina Supreme Court denied Surgical Care Affiliates' request for a Petition for Discretionary Review. This leaves in place the November 2017 Court of Appeals decision in favor of the Industrial Commission. Rule 04 NCAC 10J .0103, effective April 1, 2015, continues to be the effective fee schedule for ambulatory surgery centers.
 

Fraud Investigation Leads to Criminal Charges in Cabarrus County

After receiving a complaint, the Fraud Investigation Section of the North Carolina Industrial Commission initiated an investigation, leading to criminal charges in Cabarrus County. Please click here to view an Industrial Commission news release.
 

Attention: Deputy Commissioners' Section to Send Calendars Via E-mail

Effective April 2, 2018, the Deputy Commissioners' section will no longer send calendars and uniform pre-trial orders via fax. Deputy Commissioners shall serve calendars and uniform pre-trial orders to represented parties via e-mail. If an attorney's e-mail address is unknown or if a party is appearing pro se, mail or certified mail will be used in lieu of e-mail. If you would like to ensure the Commission has record of your email address, you may e-mail dockets@ic.nc.gov.
 

Archived News

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N.C. Industrial Commission Bulletin

The N.C. Industrial Commission Bulletin is available here.