Workers' Compensation Rules
of the N.C. Industrial Commission

ARTICLE VI. CONTESTED CASES

1. Expedited Medical Motions:
    
   1. Medical motions pursuant to N.C. Gen. Stat. §97-25 brought before the Office of the Executive Secretary for an administrative ruling shall comply with applicable provisions of Rule 609 and shall be submitted electronically to medicalmotions@ic.nc.gov, unless electronic submission is unavailable to the party.
       
   2. A party may file with the Deputy Commissioner Section a request for an administrative ruling on a medical motion. A party, also, may appeal an Order from the Executive Secretary’s Office on an Expedited Medical Motion by giving notice of appeal to the Dockets Department within 15 days of receipt of the Order or receipt of the ruling on a Motion to Reconsider the Order filed pursuant to Rule 703(1). The Motion shall contain a designation as an administrative “Expedited Medical Motion”, documentation in support of the request, including the most recent medical record/s and a representation that informal means of resolving the issue have been attempted in good faith, and the opposing party’s position, if known.
       
      1. A Pre-Trial Conference will be held immediately to clarify the issues. Parties are encouraged to consent to a review of the contested issues by electronic mail submission of only relevant medical records and opinion letters.
          
      2. If depositions are deemed necessary by the Deputy Commissioner, only a brief period for taking the same will be allowed. Preparation of the transcript will be expedited and will initially be at the expense of defendants. Requests for independent medical examinations may be denied unless there is a demonstrated need for the evaluation.
          
      3. Written arguments and briefs shall be limited in length, and are to be filed within five days after the record is closed.
          
   3. A party may appeal an Order by a Deputy Commissioner on an Expedited Medical Motion by giving notice of appeal to the Full Commission within 15 days of receipt of the Order or receipt of the ruling on a Motion to Reconsider the Order filed pursuant to Rule 703(1).
       
      1. A letter expressing an intent to appeal a Deputy Commissioner’s Order on an Expedited Medical Motion shall be considered notice of appeal to the Full Commission, provided that it clearly specifies the Order from which appeal is taken.
          
      2. After receipt of notice of appeal, the appeal will be acknowledged by the Dockets Department within three (3) days by sending an appropriate Order under the name of the Chair of the Panel to which the appeal is assigned. The parties may be permitted to file briefs on an abbreviated schedule in the discretion of the panel chair. The panel chair will also determine if oral arguments are to be by telephone, in person, or waived. All correspondence, briefs, or motions related to the appeal shall be addressed to the panel chair with a copy to the law clerk of the panel chair.
          
2. Emergency Medical Motions:
      
   1. Motions requesting emergency medical relief administratively shall contain the following:
       
      1. A boldface, or otherwise emphasized, designation as “Emergency Medical Motion.”
          
      2. An explanation of the need for a shortened time period for review, including any hardship that warrants immediate attention/action by the Commission.
          
      3. A statement of the time-sensitive nature of the request, with specificity.
          
      4. Detailed dates and times related to the issue raised and to the date a ruling is requested.
          
      5. Documentation in support of the request, including the most recent medical records.
          
      6. A representation that informal means of resolving the issue have been attempted in good faith, and the opposing party’s position, if known.
          
   2. A party may file an Emergency Medical Motion with the Executive Secretary’s Office, the Chief Deputy Commissioner, or the Office of the Chair. A proposed Order shall be provided with the motion. The non-moving party(ies) will be advised regarding any time allowed for response and may be advised whether informal telephonic oral argument is necessary.
       
   3. Emergency Medical Motions and responses thereto shall be submitted electronically, unless electronic submission is unavailable to the party.
       
      1. Emergency Medical Motions and responses thereto filed with the Executive Secretary’s Office shall be submitted to medicalmotions@ic.nc.gov.
          
      2. Emergency Medical Motions filed with the Chief Deputy Commissioner shall be submitted electronically directly to the Chief Deputy Commissioner and his/her legal assistant.
          
      3. Emergency Medical Motions filed with the Chair of the Commission shall be submitted electronically to the Chair, his/her legal assistant, and his/her law clerk.

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