Thomas J. Bolch, Commissioner
Laura K. Mavretic, Commissioner
Renée C. Riggsbee, Commissioner
J. Howard Bunn Jr., Chairman
Christopher Scott, Commissioner
Dianne C. Sellers, Commissioner
| Bernadine S. Ballance,
Commissioner Thomas J. Bolch, Commissioner Laura K. Mavretic, Commissioner Renée C. Riggsbee, Commissioner |
|
James B. Hunt Jr., Governor J. Howard Bunn Jr., Chairman Christopher Scott, Commissioner Dianne C. Sellers, Commissioner |
North Carolina
Industrial Commission
| IN THE MATTER OF I.C. PROPOSED RULE 409,
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) ) JULY 1, 1998 ) O R D E R ) FOR THE FULL COMMISSION ) ) ) |
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Pursuant to the mandate of the General Assembly in N.C. General Statute §97-25 (amended 7/17/97) directing the Industrial Commission to "adopt rules that govern additional methods of oral and written communications between an employer paying compensation under this chapter and medical care providers", the Industrial Commission with input from doctors, rehabilitation professionals, and attorneys representing plaintiffs and defendants, and other knowledgeable persons in the field of workers’ compensation, drafted Proposed Rule 409. Public hearings were conducted June 23 through June 25, 1998. Considerable testimony was rendered at these hearings from persons who were apprehensive about the impact the proposed rule would have on the vast majority of cases where no dispute exists. The Full Commission, while recognizing the importance of the fundamental principles underlying the proposed rule, is of the opinion that Proposed Rule 409 in its present form, should be tabled and the underlying issues reconsidered in due course.
The Full Commission is also of the opinion that the legislative mandate can be better achieved through greater involvement in the rulemaking process by a special committee of senior spokespersons from the various groups who have significant interests in the workers’ compensation system in North Carolina and from other key persons with needed expertise. This special committee shall prepare a report to the Full Commission which shall include its advice and counsel on the matters in the amendment to N.C. General Statute §97-25 heretofore set forth. Further, this report should contain a draft of the proposed rule or rules that would fulfill the directive given to the Industrial Commission in this amendment.
It is therefore ORDERED that:
(1) Proposed Rule 409 in its present form is tabled.
(2) Chairman J. Howard Bunn, Jr. shall appoint a special committee approved by the Full Commission and to assist the Full Commission in fulfilling the legislative mandate.
(3) The special committee and its chair or co-chairs shall be appointed and named by the Chairman within 15 days.
(4) The special committee shall complete its work and submit a written report to the Full Commission on or before November 1, 1998.
This the 1st day of July, 1998.
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JHB/kws
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