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.
Rule 501
Agreements for Payment of Compensation
(1) To facilitate the prompt payment of compensation within the time
prescribed in N.C. Gen. Stat. § 97-18, the Industrial Commission will accept memoranda of
agreements on Industrial Commission forms. The agreements may be executed by the employer
or the carrier/administrator where compensation payable under the agreement does not
exceed fifty-two 52 weeks.
(2) In cases where the compensation payable under the agreement exceeds fifty-two
52 weeks, the agreement must be executed by the employer as well as the
carrier/administrator. For good cause shown, this requirement may be waived by the
Industrial Commission.
(3) No agreement for permanent disability will be approved until all relevant medical, vocational and nursing rehabilitation reports known to exist in the case have been filed with the Industrial Commission.
(4) All memoranda of agreements must be submitted to the Industrial Commission in triplicate on Industrial Commission forms, as specified in paragraph (6) below. Agreements in proper form and conforming to the provisions of the Workers’ Compensation Act will be approved by the Industrial Commission and a copy returned to the employer or carrier/administrator and a copy sent to the employee, unless amended by award, in which event a copy of the award will be returned with the agreement.
(5) The employer or carrier/administrator, or the attorney of record, if
any, shall provide the employee, and the employee’s attorney of record, if any, a
copy of a Form 21, Form 26, Form 26D, and Form 30 when the employee signs said forms, and
the employer or carrier/administrator will send a copy of a Form 28B rev.
to the employee and the employee’s attorney of record, if any, within sixteen
16 days after the last payment of compensation for either temporary or permanent
disability, pursuant to N.C. Gen. Stat. § 97-18.
(6) All memoranda of agreements for cases which are currently calendared for hearing before a Commissioner or Deputy Commissioner shall be sent directly to that Commissioner or Deputy Commissioner at the Industrial Commission. Before a case is calendared, or once a case has been continued, or removed, or after the filing of an Opinion and Award, all memoranda of agreements shall be directed to the Claims Department of the Industrial Commission.
(7) After the employer or carrier/administrator has received a
memorandum of agreement which has been signed by the employee and employee’s attorney
of record, if any, it shall have twenty 20 days within which to submit
the memorandum of agreement to the Industrial Commission for review and approval or within
which to show good cause for not submitting the memorandum of agreement signed only by the
employee; provided, however, that for good cause shown the twenty 20 day
period may be extended.
(8) The Amendments to this Rule are effective March 15,
1995.
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