NORTH CAROLINA INDUSTRIAL COMMISSION

Help Line: (800) 688-8349, (919) 807-2501, or infospec@ic.nc.gov
Fraud and Insurance Compliance Hotline: (888) 891-4895 or fraudcomplaints@ic.nc.gov

News & Announcements

N.C. Industrial Commission Latest News & Information

Notice of Meeting

The Commission will meet at 10:00 A.M. on December 5, 2016 in Room 6037 of the Dobbs Building. Please click here for more information.
 

Notice of Industrial Commission Temporary Rulemaking

Please click here to view a notice regarding a proposed temporary rule amending workers’ compensation medical fee schedule rule 04 NCAC 10J .0103 in light of the August 9, 2016 court decision in Surgical Care Affiliates, LLC v. North Carolina Industrial Commission, No. 16-CVS-0060 (Wake County Superior Court). This notice includes the public hearing date and the written comment period for the proposed temporary rule.

The Commission held the public comment meeting on Friday, November 18, 2016. Please click here to view a transcript of the public hearing. The Commission accepted written comments from October 19, 2016 through November 29, 2016. Please click here to review the comments.
 

Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10A .0108

Please click here to view a notice regarding proposed changes to the Commission’s electronic filing rule, 04 NCAC 10A .0108, including the public hearing date and the written comment period for the proposed rule amendment. The notice contains the website link for the fiscal note approved by the Office of State Budget and Management regarding the proposed rule amendment.

The Commission held the public hearing on Friday, November 18, 2016. Please click here to view a transcript of the public hearing. Per the above-mentioned notice, the Commission will continue to accept written comments through the close of business on Friday, December 16, 2016.
 

Industrial Commission Releases 2016 Annual Report

The Commission has released its 2016 Annual Report. Please click here to view the report.
 

Important News Regarding Ambulatory Surgery Fee Schedule
Rules and Public Comment Meeting on October 3, 2016

On August 9, 2016, Superior Court Judge Paul Ridgeway entered a Decision invalidating the ambulatory surgery center provisions of the workers’ compensation medical fee schedule that became effective April 1, 2015. Please click here to read that decision. The decision has been stayed pursuant to a September 2, 2016 Order by Judge Ridgeway. Click here to view the Order.

The Industrial Commission scheduled a non-mandatory public comment meeting on October 3, 2016, to consider appropriate steps for the Industrial Commission to take in light of the August 9, 2016 Decision. Please click here to view the meeting notice. Please click here for the cost analyses published by NCCI and NCRB that are referenced in the meeting notice. The cost analyses may be used by the public in formulating any comments or proposals prior to or following the public comment meeting.

The Commission held the public comment meeting on Monday, October 3, 2016. Please click here to view a transcript of the public comment meeting. Per the above-mentioned notice, the Commission will continue to accept comments through Monday, October 10, 2016.

The Industrial Commission received the following proposals on September 26, 2016. As stated in the meeting notice, members of the public may attend the meeting on October 3, 2016, to address oral comments on these proposals to the Commission. Additionally, any person may present written comments in response to the proposals by October 10, 2016, as described in the meeting notice referenced above. In accordance with the meeting notice, the Commission is posting all proposals received. The proposals are listed in chronological order of receipt.

  • Proposal from Surgical Care Affiliates, LLC. Please click here.
  • Proposal from 21 employer, insurance, and third-party administrator organizations. Please click here.
  • Proposal from the National Association of Mutual Insurance Companies. Please click here.
  • Proposal from the North Carolina Hospital Association. Please click here.

Following the public comment meeting on October 3, 2016, the Commission accepted additional written comments and corresponding documentation through October 10, 2016. These comments are listed below in order of receipt. The Commission appreciates the participation of all persons and entities throughout this process. All proposals, written comments, and oral presentations shall be taken under advisement in considering the rulemaking options to address the effects of the August 9, 2016 court decision.

  • Comment from Triangle Orthopaedics Surgery Center. Please click here.
  • Comment from the North Carolina Hospital Association. Please click here.
  • Comment from Surgical Care Affiliates, LLC. Please click here.
  • Letters submitted with SCA’s comment. Please click here.
     
The N.C. Industrial Commission and U.S. Labor Department
Will Work Together to Combat Employee Misclassification

On August 31, 2016, the N.C. Industrial Commission and the Wage and Hour Division of the U.S. Department of Labor signed an agreement to help protect workers and lawful businesses by trying to prevent and combat abuses by employers who incorrectly classify workers as independent contractors rather than as employees. This agreement follows Governor Pat McCrory's Executive Order 83, issued on December 18, 2015, which established an Employee Classification Section within the Industrial Commission to help identify and investigate instances of employee misclassification and work with other state agencies to ensure that the relevant state statutes are enforced. Click here to read the entire news release on the August 31, 2016 agreement between the NCIC and the USDOL’s Wage and Hour Division.
 

N.C. Workers' Compensation Educational Conference
Wednesday, October 5 – Friday, October 7, 2016

THE CONFERENCE WILL BE PAPERLESS!

Raleigh Convention Center The Industrial Commission is excited to announce the 21st Annual North Carolina Workers' Compensation Educational Conference, to be held at the Raleigh Convention Center from October 5 to October 7, 2016. Please click here to view the conference brochure. The conference provides a valuable opportunity for professionals to share information on current issues impacting the workers' compensation arena. Presenters include a North Carolina Supreme Court Justice, representatives of the Industrial Commission, medical providers, case management specialists, and a number of highly experienced workers' compensation attorneys. Click here to learn more about the presenters.

A paper copy of conference materials will no longer be provided to attendees. Those who have registered will receive a confirmation card and e-mail containing the link to access the conference materials to download or review prior to the conference. Please continue to check the link as materials are added. A limited number of flash drives will be available, upon request, at the conference. The Raleigh Convention Center provides Wi-Fi access for a fee. Please note, there will be limited access to electric plugs for laptops and other devices.

Application will be made for continuing education credits for attorneys, paralegals, claims professionals, and rehabilitation providers. 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.
 

Matthew J. McCall Appointed Administrator/COO of the Commission

Charlton L. Allen, Chairman of the North Carolina Industrial Commission, has appointed Matthew J. McCall as Administrator/Chief Operating Officer of the Commission. The Administrator is a senior-level position tasked with overseeing the Commission’s budget, personnel, and other managerial operations.

McCall was serving his second term as the elected Register of Deeds for Iredell County. As such, McCall cut the agency’s budget by approximately 46%, while enhancing customer service, including opening a second office and initiating significant technological improvements. He has submitted his resignation as Register of Deeds to accept this position. McCall is a graduate of North Carolina State University, and prior to his service in elected office, was a licensed insurance agent and manager of his family’s insurance agency.

McCall is a member of the Board of Directors for Partners Behavioral Management, where he serves as a member of the Finance Committee. McCall was appointed by Governor Pat McCrory as a member of the North Carolina State Historical Records Advisory Board. Previously, McCall was a Fellow with the E.A. Morris Fellowship for Emerging Leaders.

"Matt is a dynamic leader who will serve the citizens of our State well," said Chairman Allen. "His experience will be instrumental in providing outstanding customer service, modernizing processes, and delivering productive oversight to our regional office model, while providing good stewardship of our resources."
 

Decision on Petition for Rulemaking Issued

Click here for more information and links to related documents.
 

William W. Peaslee Appointed Chief Deputy Commissioner

On May 18, 2016, Chairman Charlton L. Allen appointed William W. ("Bill") Peaslee to serve as a Deputy Commissioner of the North Carolina Industrial Commission, and designated him as Chief Deputy Commissioner, effective June 1, 2016. Mr. Peaslee comes to the Industrial Commission from the North Carolina Department of Administration, where he served as General Counsel. Prior to serving the State, Mr. Peaslee was in private practice in Cary, North Carolina. Mr. Peaslee earned a BA from the University of North Carolina at Chapel Hill and a JD from Campbell University Law School. He is the current Chairman of the N.C. Property Tax Commission, and a former Chairman of the Constitutional Rights & Responsibilities Section of the N.C. Bar Association, and a former member of the North Carolina State Board of Elections.
 

Theodore Danchi Joins Industrial Commission as General Counsel

Effective June 1, 2016, Theodore ("Ted") Danchi will serve as General Counsel to the North Carolina Industrial Commission. Prior to joining the Industrial Commission, Mr. Danchi was a partner with the law firm Stam & Danchi in Apex, North Carolina, where he practiced in the areas of General Civil Practice, Litigation, Business and Corporate law, Personal Injury, Estates, Mediation, Wrongful Death, and Appeals. Mr. Danchi previously practiced as an associate at the law firm Young, Moore, Henderson & Alvis, where his practice areas included Workers’ Compensation. Mr. Danchi holds an MS from Purdue University, and a BS and JD from Valparaiso University, where he served as Articles Editor of the Valparaiso University Law Review. Mr. Danchi is a member of the North Carolina and Indiana State Bars.
 

Sumit Gupta Designated Interim Chief Deputy Commissioner

On May 12, 2016, Chairman Charlton L. Allen designated Deputy Commissioner Sumit Gupta as interim Chief Deputy Commissioner of the North Carolina Industrial Commission. Mr. Gupta replaces Christopher C. Loutit, who was sworn in as a Commissioner of the Industrial Commission on May 11, 2016. Click here for a short biography of Mr. Gupta.
 

New Commissioner Christopher C. Loutit Is Sworn In

After confirmation by the General Assembly, Christopher C. Loutit was sworn in on May 11, 2016, to serve on the North Carolina Industrial Commission. Click here to view a news release regarding Commissioner Loutit.
 

NCIC Releases Report on Implementing Drug Formulary in Workers’ Comp Claims

On April 1, 2016, in accordance with the North Carolina General Assembly’s directive in Session Law 2015-241, the Industrial Commission publicly released a study on the implementation of a drug formulary in workers’ compensation claims filed by State employees. Click here to read the report and the related news release. The Commission’s recommendations to the General Assembly were based on a data analysis performed by the Workers’ Compensation Research Institute ("WCRI") of pharmacy data for State workers’ compensation claims for calendar years 2012 through 2014.
 

Commissioner Linda Cheatham Nominated for a Second Term

Governor Pat McCrory has nominated Linda Cheatham for a second six-year term on the North Carolina Industrial Commission. Click here to view the news release about this appointment.
 

Bill Daughtridge Appointed to the Industrial Commission

Governor Pat McCrory has appointed Secretary of Administration Bill Daughtridge as a Commissioner of the N.C. Industrial Commission, effective immediately. Daughtridge will fill the vacancy created when former Industrial Commission Chairman Andrew T. Heath was appointed State Budget Director. Click here to view the news release about this appointment.
 

Commissioner Charlton Allen Named Chairman of the Industrial Commission

Governor Pat McCrory has designated Charlton L. Allen as Chairman of the N.C. Industrial Commission, effective February 1, 2016. He succeeds Andrew T. Heath, who was appointed State Budget Director, also effective February 1, 2016. Click here to view the news release about this appointment.
 

NCIC Announces New Clerk’s Office and E-filing

Click here to read the related news release.
 

New Industrial Commission Rules, Effective February 1, 2016

Please click here to view the ten new and amended Industrial Commission rules, effective February 1, 2016. These rules will appear in the North Carolina Administrative Code on or before February 1, 2016. To access all current Industrial Commission rules, click here. The new Industrial Commission Electronic Filing rule is 04 NCAC 10A .0108. The rules that have been amended are 04 NCAC 10A .0101, 04 NCAC 10A .0404, 04 NCAC 10A .0405, 04 NCAC 10A .0502, 04 NCAC 10A .0609, 04 NCAC 10A .0609A, 04 NCAC 10A .0610, 04 NCAC 10A .0613, and 04 NCAC 10A .0617. The changes to 04 NCAC 10A .0101 went into effect on January 1, 2016.

The Rules Review Commission, at its December 17th meeting, approved the new rules. The rules were initially adopted by the Industrial Commission on November 20, 2015 and were the subject of a public hearing, held on October 20, 2015.
 

Register for Electronic Document Filing Portal (EDFP) Before February 1, 2016

Effective February 1, 2016, Industrial Commission Rule 04 NCAC 10A .0108 will require these documents be submitted electronically through the Electronic Document Filing Portal (EDFP).

To upload documents to the North Carolina Industrial Commission via EDFP, parties must first obtain a North Carolina ID (NCID), and then register with the Industrial Commission. Click here for EDFP Registration Instructions.

A tutorial regarding EDFP submissions may be found at the following location: http://www.ic.nc.gov/training.html.
 

NCIC Announces Deputy Commissioner Appointments

Click here for more information regarding the appointment of five Deputy Commissioners.
 

NCIC Chairman Heath Appointed to Lead OSBM as State Budget Director

Click here for more information regarding the appointment of NCIC Chairman Andrew T. Heath as State Budget Director.
 

New Director of Employee Misclassification Appointed, Following Executive Order 83

Click here for more information regarding Director of Employee Misclassification Bradley Hicks and the new Employee Classification Section at the Industrial Commission.
 

Mandatory Training for Rehabilitation Professionals Update

Dates for the mandatory two-hour refresher course are now available in Raleigh, NC. Please see the Mandatory Training Section on the Medical Rehabilitation Nurses Section webpage for the registration form and currently available dates and times. Please note there will be more dates and locations forthcoming as well as online availability. Please check our webpage for updates which will appear the Mandatory Training Section.
 

The Rules for Utilization of Rehab Professionals in Workers’ Comp Claims are now available in Spanish

The Rules for Utilization of Rehab Professionals in Workers’ Comp Claims, as well as the Summaries of the Rules, are now available in Spanish. These documents can be found here or on the NCIC website under the Medical Rehab Nurses Section, under the paragraph "Rules for Utilization of Rehab Professionals in Workers’ Comp Claims."
 

New Rules Approved

On December 17, 2015, the Rules Review Commission approved ten rules adopted by the Industrial Commission. Seven of the ten rules were approved with technical corrections. Click here for the ten approved rules. No letters of objection were received. Therefore, these rules will go into effect on February 1, 2016. One rule, 04 NCAC 10A .0101, will go into effect on January 1, 2016.

We are in the process of updating our rules page to reflect all rules currently in effect and the rules that will change on January 1, 2016 and February 1, 2016.
 

Governor Signs Executive Order to Combat Employee Misclassification

On December 18, 2015, Governor Pat McCrory signed Executive Order No. 83, establishing the Employee Classification Section within the North Carolina Industrial Commission. The new section will share information and otherwise collaborate with other state agencies, including the Departments of Revenue, Labor, and Insurance, and the Division of Employment Security, to identify businesses that improperly classify their employees as independent contractors, a practice that puts workers at risk, puts ethical business at a competitive disadvantage, and deprives the state of significant revenue. The new section’s Director will be appointed by Chairman Heath and will serve as the point of contact for all reported instances of employee misclassification.
 

Proposed Industrial Commission Rules

The Industrial Commission held a public hearing on October 20, 2015, regarding its proposed e-filing and other rules. Please click here for the transcript of the public hearing and the proposed rules. The written comment period ended November 17, 2015. One written comment was received. Click here to review the comment. The rules were adopted by the Industrial Commission without changes and filed with the Rules Review Commission on November 20, 2015. It is anticipated that the Rules Review Commission will review the adopted rules at its December 17, 2015 meeting.
 

Industrial Commission Holds Hearings at Campbell Law

Please click here for an announcement regarding the Industrial Commission’s recent hearings at Campbell Law.
 

OJSV Disburses Second Round of Eugenics Compensation Payments

Please click here for a news release from the Office of the Governor regarding eugenics compensation payments.
 

Industrial Commission Appoints New Administrator

Please click here for an announcement regarding the appointment of a new Administrator.
 

Registering for Electronic Document Filing Portal (EDFP)

The North Carolina Industrial Commission now accepts these documents electronically through the Electronic Document Filing Portal (EDFP). This is the preferred method of submission for these documents.

To upload documents to the North Carolina Industrial Commission via EDFP, parties must first obtain a North Carolina ID (NCID), and then register with the Industrial Commission. Click here for EDFP Registration Instructions.
 

Additional Forms and Documents Will be Accepted Online via EDFP, Effective August 19, 2015

Effective August 19, 2015, additional forms and documents may be uploaded through the Industrial Commission Electronic Document Filing Portal (web portal). Click here for a list of the documents that may now be uploaded via EDFP. EDFP is the preferred method for submitting the documents on this list.

To use the web portal, document submitters must obtain an NCID (North Carolina ID) and request access to NCIC applications. Registering for EDFP Instructions can be found here.

Training Materials for assistance with the web portal can be found here.
 

Important Announcement Regarding Forms 21, 24, 26, and 26A Submission

Effective August 19, 2015, the submission of Forms 21, 24, 26, and 26A via the Industrial Commission Electronic Document Filing Portal (web portal) no longer requires the document submitter to use the “Pay Later” functionality. A new “Submit” button will deliver the documents to the Industrial Commission.

New Training Materials are available for assistance with this new functionality.
 

Notice of Meeting

The Chairman’s informal advisory council will meet at 11:00 a.m. on October 14, 2015, in Room 303 of the Raleigh Convention Center, 500 South Salisbury Street, Raleigh, NC 27601.
 

Industrial Commission Releases 2015 Annual Report

The Commission has released its 2015 Annual Report. Please click here to view the report.
 

Administrator Walt Gray to Join NCDOT

Please click here for an announcement regarding Administrator Walt Gray.
 

Important Announcement Regarding Compromise Settlement Agreement Submission

Effective August 19, 2015, Compromise Settlement Agreements may be submitted via the Industrial Commission’s Electronic Document Filing Portal (web portal) with a Certification of Payment in lieu of a payment via credit card or eCheck. The Certification of Payment must be uploaded with the Compromise Settlement Agreement submission. To learn about uploading Compromise Settlement Agreements and other documents using the web portal, click here.
 

NOTICE OF PROPOSED INDUSTRIAL COMMISSION RULES - September 15, 2015

Please click here to view a notice regarding rule changes proposed by the Commission, including the public hearing date and the written comment period for the proposed rules. The notice contains website links for the fiscal note approved by the Office of State Budget and Management regarding the proposed rules.
 

New Deputy Commissioners Appointed

Please click here for a news release regarding deputy commissioner appointments.
 

Industrial Commission Focuses on Combating Fraud;
Collects Nearly $1 Million for Public Schools

Please click here for a news release regarding the Industrial Commission’s fraud and compliance enforcement initiatives.
 

ICD-10 Diagnosis Codes Required as of October 1, 2015

Beginning October 1, 2015, pursuant to N.C. Gen. Stat. § 97-26(g1) and in alignment with federal regulations, the applicable administrative standard for diagnosis code sets for medical billing and reporting in North Carolina workers’ compensation cases will transition to the International Classification of Diseases, 10th Edition, Clinical Modification and Procedure Coding System (ICD-10), from the 9th Edition (ICD-9).

Although there have been previous delays in the implementation of the ICD-10 code sets, the Industrial Commission will continue to follow the timeframe set by the Centers for Medicare and Medicaid Services (CMS).

All medical services provided on or after October 1, 2015, must be billed with ICD-10 diagnosis and procedure codes. Medical services provided before October 1, 2015 must continue to be billed with ICD-9 diagnosis and procedure codes. Health care providers should follow CMS’s guidelines for billing claims that overlap the ICD-10 implementation date.

For more information about the transition, please visit the CMS website at http://www.cms.gov/Medicare/Coding/ICD10/Index.html.
 

Medical Fee Schedule Changes, Effective July 1, 2015

Please click here for a notice regarding the changes to the Workers’ Compensation Medical Fee Schedule that are effective July 1, 2015. The notice links to Frequently Asked Questions that provide information and guidance regarding the changes to the Medical Fee Schedule.
 

No Fee for Filing the Form 21, 26, or 26A, Effective July 1, 2015

Effective July 1, 2015, the North Carolina Industrial Commission will no longer require a fee for the filing and processing of the Form 21, 26, or 26A.

If you are submitting the Form 21, 26, or 26A via EDFP, you must select the “Pay Later” option. Effective July 1, 2015, when a Form 21, 26, or 26A is submitted via EDFP and the “Pay Later” option is chosen, Claims Administration will manually override the invoice within one day of receiving the Form 21, 26, or 26A. Accordingly, no “payment” will be due and the Form 21, 26, or 26A will be ready for processing. The Commission is in the process of reprogramming EDFP to eliminate the need to select “Pay Later” and to override the invoice.

Please note that all Form 21, 26, or 26A’s submitted prior to July 1, 2015 will still require the $300.00 processing fee.

Should you have any questions, please contact the Industrial Commission at 919-807-2637.
 

Chairman Heath's Law Clerk Is Now Megan Jost

Thomas Perlungher, Chairman Heath's Law Clerk, has been appointed as a Deputy Commissioner and will no longer be serving as Chairman Heath's Law Clerk, effective April 23, 2015. Megan Jost will be serving as the Chairman's Law Clerk. Please send all motions, correspondence, and updates for Chairman Heath to megan.jost@ic.nc.gov.

Megan Jost joined the Industrial Commission in 2010 and has served as Law Clerk to former Commissioner Dianne Sellers and to current Commissioner Linda Cheatham. Prior to joining the Industrial Commission, Ms. Jost served as a Hearing Officer with the North Carolina Division of Employment Security and practiced real estate and insurance defense law in Massachusetts. Ms. Jost is a Phi Beta Kappa graduate of the University of Illinois and she earned her J.D. from Boston College Law School.
 

Thomas Perlungher Appointed Deputy Commissioner

Chairman Andrew T. Heath announced today that he has appointed Thomas Perlungher to serve as a Deputy Commissioner. Perlungher will serve out the remainder of Deputy Commissioner Theresa Stephenson's term. Stephenson left the Industrial Commission earlier this month to accept a position with the North Carolina Department of Public Safety.

Thomas Perlungher has been serving as Law Clerk at the Industrial Commission since 2010, first for Commissioner Danny Lee McDonald and most recently for Chairman Heath. Before joining the Industrial Commission, Perlungher was a Hearing Officer at the Division of Employment Security; and from 2004 to 2008, Perlungher served as an Assistant District Attorney in North Carolina's 8th District, where he prosecuted cases in Wayne, Lenoir, and Greene counties. Prior to his work as an ADA in North Carolina, Perlungher practiced Real Estate law in Massachusetts from 2002 to 2004. Perlungher is a Phi Beta Kappa graduate of the University of Vermont and earned his J.D. from Wake Forest University in 2002.
 

Medical Fee Schedule Changes, Effective April 1, 2015

Please click here for a notice regarding changes to the Workers' Compensation Medical Fee Schedule, effective April 1, 2015. The notice links to Frequently Asked Questions that provide information and guidance regarding the changes to the Medical Fee Schedule.
 

Rule 1001 Medical Practice Guidelines and Peer Reviewer Profiles

The North Carolina Industrial Commission offers a secure FTP site (ftp://149.168.254.96/), so that insurance companies and other entities may upload Rule 1001 Medical Practice Guidelines, Rule 1001 Peer Reviewer Profiles, and related documents and correspondence for the Commission to view. Click here for complete instructions on how to use this FTP site.

For contact information, please visit the Carriers page on this website.
 

Fraud and Compliance Unit Steps Up Investigations

Please click here to view the news release regarding the Industrial Commission's fraud and compliance enforcement initiatives.
 

New Deputy Commissioner Appointed

Chairman Andrew T. Heath announced today that he has appointed David M. Hullender to serve as a deputy commissioner. Hullender is replacing Stephen T. Gheen. Gheen left the Industrial Commission at the end of February to accept a position with the Durham County District Attorney's Office. Hullender will begin working with the Industrial Commission on April 20, 2015, giving him time to wind down his practice.

Hullender is currently in private practice with the firm of David M. Hullender, P.A. in Kings Mountain, North Carolina. Prior to starting his own firm, Hullender was an associate with George B. Thomasson, P.A. from 1990 until 2001. Hullender serves on the North Carolina Indigent Defense Services Commission and is the chairman of the Kings Mountain ABC Board. He is a graduate of the University of North Carolina, North Carolina Central University Law School, magna cum laude, and earned an LL.M in Taxation from the University of Florida School of Law.
 

Revised Industrial Commission Medical Fee Schedule Rules

Please click here to view the news release regarding approval of new Medical Fee Schedule rules.
 

N.C. Industrial Commission Fee Schedule

Click here to view the new North Carolina Industrial Commission Fee Schedule, effective November 1, 2014.
 

Deputy Commissioner Appointments

Please click here to read the news release regarding the appointment of seven deputy commissioners.
 

Provisional Form 25PR and Preauthorization Review

Industrial Commission Rule 04 NCAC 10A .1001, Preauthorization for Surgery and Inpatient Treatment, became effective on November 1, 2014. This rule sets out the procedures to be followed by insurers and health care providers regarding preauthorization of surgery or inpatient treatment. To comply with Rule 04 NCAC 10A .1001(k), health care providers may use the provisional Industrial Commission Form 25PR, Request for Preauthorization of Medical Treatment. The Commission will begin rulemaking procedures for this form in the near future.
 

New Industrial Commission Rules Effective November 1, 2014

Please click here to view all Industrial Commission rules, including the new rules effective November 1, 2014. You may also access the rules via "Attorneys" and "Links" on the Industrial Commission homepage. The new Industrial Commission fee rules are Rules 04 NCAC 10E .0202 and 04 NCAC 10E .0203. The increased fees are as follows:

Mediator's Report: $200
Form 21/26/26A: $300
CSA (“Clinchers”): $400
 

Mandatory Rehabilitation Professionals Training

The comprehensive course entitled Workers' Compensation Case Management in NC: A Basic Primer for Medical and Vocational Case Managers will be offered on Wednesday, December 10, 2014 at the Auditorium of the Archives and History/State Library Building, 109 East Jones Street, Raleigh, NC from 8:00 a.m. until 5:00 p.m. The course will be available via webinar. This course meets the N.C. Industrial Commission's mandatory requirement for Rehabilitation Professionals pursuant to 04 NCAC 10C .0105 (e) (2) of the Commission's Rules for Utilization of Rehabilitation Professionals in Worker's Compensation Claims. For class availability and registration, click here. If you have questions, contact Caron Cross at 919-807-2618 or via e-mail caron.cross@ic.nc.gov.

Mandated two-hour refresher courses, pursuant to 04 NCAC 10C .0105 (f) of the N.C. Industrial Commission's Rules for Utilization of Rehabilitation Professionals in Worker's Compensation Claims will begin in late 2015.
 

Important Announcement Regarding Form 24 Submission

As of November 1, 2014, there will no longer be a fee for the processing of a Form 24 Application. In addition, as of November 1, 2014, Rule 04 NCAC 10A .0404 requires submission of Form 24 Applications to the Commission via the Electronic Document Fee Portal (EDFP). See registration information for EDFP at http://www.ic.nc.gov/EDFPregistrationInstructions.pdf.

When submitting a Form 24 Application via EDFP, it will appear as if there is still a fee of $175. Please click "Pay Later" and the fee will be deleted by the Commission upon processing. No charges or delays will be incurred. If you have any questions about this announcement, please contact Meredith Henderson, Executive Secretary, at 919-807-2575.
 

Industrial Commission Rules Update -- New rules effective November 1, 2014

On October 16, 2014, the Rules Review Commission approved ten rules adopted by the Industrial Commission pursuant to Session Law 2014-77. Click here for the ten approved rules. No letters of objection were received. Therefore, these ten rules will go into effect on November 1, 2014.

In addition, all new workers' compensation rules and vocational rehabilitation rules adopted and approved in 2012 and 2014 that have been held in abeyance will go into effect on November 1, 2014.

Please click here to see the mark-up versions of the new rules that will go into effect on November 1, 2014. We are in the process of updating our rules page to reflect all rules currently in effect and the rules that will change on November 1, 2014.
 

New Procedure for Contempt

Effective immediately, the North Carolina Industrial Commission has created a dedicated e-mail inbox for Motions to Show Cause and related correspondence and filings: contempt@ic.nc.gov. Pursuant to N.C. Gen. Stat. § 5A-23(a1), all motions must include a sworn statement or affidavit by the aggrieved party setting forth the reasons why the alleged contemnor should be held in civil contempt. Upon review of the Motion and any response filed by the respondent, an Order to Show Cause may issue, and the matter will calendared on the next available Contempt Hearing Docket.
 

Industrial Commission Rules Update

Pursuant to the requirements set out in Senate Bill 794 (Session Law 2014-77), on September 25, 2014, the Industrial Commission submitted 10 adopted permanent rules for review by the Office of Administrative Hearings. Click here to view the adopted rules. It is anticipated that these rules will be considered by the Rules Review Commission at its October 16, 2014 meeting.

The Commission will continue to provide updates regarding rulemaking on this page of the Industrial Commission's website. Should you have any questions, please call Meredith Henderson at (919) 807-2575 or Ryan Boyce at (919) 807-2582.
 

N.C. Industrial Commission New Fraud Alerting Tool Results
in Criminal Charges Against Noninsured Employers

A new fraud alerting tool, which the N.C. Industrial Commission launched on April 14, 2014, has resulted in criminal charges against five noninsured Guilford County employers. For details about how the Commission used the Noncompliant Employer Targeting System (NETS), click here.
 

Industrial Commission Rules Update

Pursuant to the requirements set out in Senate Bill 794 (Session Law 2014-77), the Industrial Commission submitted 10 proposed permanent rules to the Office of Administrative Hearings for publication. The proposed rules were published on the Office of Administrative Hearings website on August 14, 2014. To access the proposed rules, click here.

The Commission will hold a public hearing on the proposed rules on September 8, 2014 at 10:00 a.m. The public hearing will be held in Room 2173 of the Dobbs Building, 430 North Salisbury Street, Raleigh, NC 27603. The public may also send written comments regarding the proposed rules to meredith.henderson@ic.nc.gov from August 20, 2014 to September 15, 2014.

The Commission will continue to provide updates regarding rulemaking on this page of the Industrial Commission's website. Should you have any questions, please call Meredith Henderson at (919) 807-2575 or Sumit Gupta at (919) 807-2684.
 

Form 19's Must Be Submitted via EDI

On June 1, 2014, it became mandatory that all first reports of injury (FROI) for injuries occurring after April 1, 1997 be filed electronically via EDI unless the claim qualifies for one of two exceptions. The only exceptions to electronic filing of FROI's are claims (1) in which a Form 18 was previously filed and a six-character alphanumeric number has already been assigned, or (2) for an occupational disease in which a Form 18B has already been filed. The North Carolina Industrial Commission Claims Administration will begin actively monitoring paper Form 19's which arrive on or after August 1, 2014. If any paper Form 19 is received on or after August 1, 2014 and it does not meet one of the two exceptions noted above, the form will be returned without processing and it must be resubmitted as a FROI via EDI. If you have any questions, please contact the North Carolina Industrial Commission at ncicedi@iso.com or you may call Claims Administration at 919-807-2502.
 

New Medical Motion Procedures

Senate Bill 794 (Session Law 2014-77), which was signed by Governor Pat McCrory on July 22, 2014, made significant changes to N.C. Gen. Stat. § 97-25, revising the procedures for the handling of disputes regarding medical treatment in accepted workers' compensation cases. These new procedures are effective as of July 22, 2014. Please click here to review Senate Bill 794 (Session Law 2014-77). Please click here for general guidelines for the filing of medical motions and related appeals under the revised statutory procedures.
 

Industrial Commission Rules Update

In January 2014, the Industrial Commission submitted 35 proposed permanent rules to the N.C. Office of Administrative Hearings for appropriate publication. The Rules Review Commission approved all 35 rules during its March and April meetings. However, eight of the rules received ten or more letters of objection and were subjected to legislative review.

On July 22nd, Senate Bill 794 was signed into law by Governor Pat McCrory. Senate Bill 794 (Session Law 2014-77) disapproved the eight rules mentioned above, as well as two additional rules made by Industrial Commission in 2012 and 2014. This law provides guidance on how to revise the ten disapproved rules and requires that the new rules be re-adopted through the temporary rulemaking process in time for potential legislative review during the General Assembly's 2015 Regular Session.

Senate Bill 794 does not affect the rules that became effective July 1, 2014. To access all rules that are currently in effect, click here .

The Industrial Commission will continue to provide updates on the status of its rules on this page of the Industrial Commission's website. Should you have any additional questions, please call Meredith Henderson at (919) 807-2575 or Sumit Gupta at (919) 807-2684.
 

New Commissioner Charlton Allen Is Sworn In

After confirmation by the General Assembly, Charlton L. Allen was sworn in on July 1, 2014 to serve on the North Carolina Industrial Commission. Click here to view a news release regarding this nomination.
 

Industrial Commission Announces Policies Designed to Promote Swifter Decisions and Revised Uniform Pre-Trial Order and Subpoena Form

The Industrial Commission will be implementing changes designed to responsibly lessen the time required to render decisions in contested cases. Specifically, for all cases in which requests for hearing are filed after July 1, 2014, the Commission will be reducing the mediation timeframe from 6 months to 5 months. Effective July 1, 2014 (regardless of when the request for hearing was filed), the Commission will be utilizing a revised Uniform Pre-Trial Order, a revised Subpoena Form, and will also be implementing two internal policies. The first policy will eliminate unnecessary continuances, and the second policy will require Deputy Commissioners to enter Opinions within 90 days of the close of the hearing record, rather than 180 days as allowed by N.C. Gen. Stat. § 97-84. Links to the revised mediation timeframe, internal continuance policy, and a copy of the revised Uniform Pre-Trial Order (including the revised Subpoena Form) can be found here: Mediation Timeframe, Continuance Policy, and Uniform Pre-Trial Order.
 

Industrial Commission Rules Update

Click here to access the new and revised Industrial Commission rules that will be effective July 1, 2014. The new and revised rules are in the following Subchapters:

  • 10B (Tort Claims Rules)
  • 10D (Managed Care Organizations)
  • 10E (Administrative Rules)
  • 10F (Electronic Billing Rules)
  • 10G (Rules for Mediated Settlement and Neutral Evaluation Conferences)
  • 10H (Rules Relating to the Law Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil Air Patrol Members' Death Benefits Act)
  • 10I (Childhood Vaccine-Related Injury Rules)
  • 10J (Fees for Medical Compensation)
  • 10L (Industrial Commission Forms)

There are eight permanent rules adopted by the Industrial Commission pursuant to Session Law 2013-294 that are subject to legislative review pursuant to N.C. Gen. Stat. §150B-21.3(b2). Click here to view the permanent rules subject to legislative review.

The Industrial Commission will continue to provide updates on the status of its rules on this page of the Industrial Commission's website. Should you have any additional questions, please call Meredith Henderson at (919) 807-2575.
 

2014 CPT Codes Added to and Deleted from the NCIC Medical Fee Schedule

Pursuant to N.C. Gen. Stat. § 97-26(a), the Industrial Commission has added new fees to the Medical Fee Schedule for 2014 current procedural terminology (CPT) codes released by the American Medical Association. The Industrial Commission also has deleted certain CPT codes. These changes are effective for January 1, 2014. Click here for the lists of added and deleted codes.
 

Industrial Commission Adopts New CMS-1500 for Medical Bills

The National Uniform Claim Committee (NUCC) revised the CMS-1500 form in 2012. CMS discontinued acceptance of the CMS-1500 (08-05), effective April 1, 2014, and adopted the new CMS-1500 (02-12). Effective April 1, 2014, the Industrial Commission requires that providers who submit paper medical bills to carriers and third-party administrators use the CMS-1500 (02-12).
 

How to Request an Audio Recording of a Hearing

Anyone wishing to request an audio recording of a hearing should send an e-mail to the new dedicated e-mail address: audiorequests@ic.nc.gov. Your request will be processed and you will receive a response outlining the technical requirements to get the audio recording you requested.

The cost of each audio recording is $25.00. For hearings taking place over the course of more than one day, there will be a separate audio recording, and a separate $25.00 charge for each day. If you have any questions about this, please contact us at audiorequests@ic.nc.gov or by phone at 919-807-2504. Requests or inquiries by mail should be addressed to:

NC Industrial Commission
Docket Section
4336 Mail Service Center
Raleigh, NC 27699-4336

Thank you for your cooperation!
 

Commissioner Nominee

Governor Pat McCrory has nominated Charlton L. Allen to serve as a Commissioner on the North Carolina Industrial Commission. Click here to view a news release regarding this nomination.
 

Electronic Medical Billing and Payment

Pursuant to N.C. Gen. Stat. § 97-26(g1), the Industrial Commission was directed to adopt rules requiring electronic medical billing and payment processes. The Industrial Commission subsequently adopted Electronic Billing Rules 101-109 in 2012. These rules were then held in abeyance in conjunction with other rule making efforts and to allow the Commission to develop an implementation guide. The Electronic Billing and Payment Companion Guide is now in final form and ready for publication. Click here for access to the guide. This guide can also be accessed on the Commission's webpages for Carriers and for Medical Providers.

The date for implementation of electronic medical billing in the adopted rules referenced above is March 1, 2014. The Commission received and considered feedback and multiple requests for extensions of the March 1, 2014 deadline from employers, carriers, third-party administrators, and medical billing companies. In order to allow these stakeholders additional time for preparation, the Commission will not require compliance with the Electronic Billing Rules until July 1, 2014, with regard to electronic medical billing processes. The rules and portions of the companion guide that govern and require electronic medical payment processes will not be mandatory until January 1, 2015. No additional extensions will be granted.
 

Medical Bill Reporting Electronic Data Interchange (EDI)

In response to requests from employers, carriers, and third-party administrators, the Industrial Commission will delay the mandatory implementation date for Medical Bill Reporting via EDI from March 1, 2014, to July 1, 2014. This purpose of this postponement is to allow these stakeholders additional time for preparation and necessary programming. No additional extensions will be granted.
 

Important Announcement Regarding Rules and Forms for Claims for the Eugenics Asexualization and Sterilization Program

The Industrial Commission has adopted Temporary Rules governing claims for compensation from the Eugenics Asexualization and Sterilization Program. The Temporary Rules were approved by the North Carolina Office of Administrative Hearings, Rules Review Commission. The Temporary Rules are effective as of December 3, 2013. Click here to view the temporary rules. Click here for links to the related claim and appeal forms at the top of the right-hand column of the Forms page.

Session Law 2013-360, which provided for compensation to victims of eugenics, asexualization, and sterilization under certain circumstances, became effective on July 26, 2013. To be eligible for compensation, an individual must be alive on June 30, 2013, and have been involuntarily asexualized or sterilized under the authority of the Eugenics Board of North Carolina pursuant to Chapter 224 of the Public Laws of 1933 or Chapter 221 of the Public Laws of 1937.

A claim for compensation must be filed on or before June 30, 2014. The claim must be filed directly with the Office of Justice for Sterilization Victims at 1330 Mail Service Center, Raleigh, NC 27699-1330. Click here for the claim form. Following the submission of a claim to the Office of Justice for Sterilization Victims, the claim will be reviewed and adjudicated by the Industrial Commission. Compensation will not be paid until June 30, 2015, pursuant to Session Law 2013-360.

Pursuant to Session Law 2013-360, the Office of Justice for Sterilization Victims shall assist an individual who may be a qualified recipient. The hotline telephone number for the Office of Justice for Sterilization Victims is (877) 550-6013.
 

Important Announcement Regarding EDI FROI/SROI Reporting

Effective immediately, the North Carolina Industrial Commission is suspending the acceptance of Claims EDI transactions for SROI (Subsequent Report of Injury) reports. The Commission will continue to accept and process Claims EDI transactions for FROI (First Report of Injury) reports with the exception of the FROI 04 Denial. In order to maintain the integrity and efficiency of the administration and adjudication of workers' compensation claims, the Commission will be pursuing an IRR (Issue Resolution Request) with the IAIABC (International Association of Industrial Accident Boards and Commissions). The goal of the IRR would be to allow carriers and employers to report specific body parts for which liability and compensability are accepted and/or denied. The Commission will provide updates on the progress of the IRR and future plans for SROI reports as they become available. Additional information about these changes is available at www.ncicedi.info.
 

Revised Form 23 Application to Reinstate Payment of Disability Compensation

Please see the revised Form 23 Application to Reinstate Payment of Disability Compensation, which contains minor revisions reflecting the recent changes to N.C. Gen. Stat. § 97-18(k) (see Session Law 2013-294, Senate Bill 174, Page 1, Section 3). Effective immediately, only the revised Form 23 should be used. Please update your system, so that the old Form 23 is no longer used.
 

Eugenics Asexualization and Sterilization Compensation Program

Session Law 2013-360, which provided for compensation to victims of eugenics, asexualization, and sterilization under certain circumstances, became effective on July 26, 2013. Pursuant to Session Law 2013-360, the Office of Justice for Sterilization Victims shall assist an individual who may be a qualified recipient. The hotline telephone number for the Office of Justice for Sterilization Victims is (877) 550-6013.

Under Session Law 2013-360, the Industrial Commission is responsible for administering hearings to determine who is eligible for compensation. The Industrial Commission is collaborating with the North Carolina Office of Justice for Sterilization Victims to ensure proper administration of Session Law 2013-360.

To be eligible for compensation, an individual must be alive on June 30, 2013 and have been involuntarily asexualized or sterilized under the authority of the Eugenics Board of North Carolina pursuant to Chapter 224 of the Public Laws of 1933 or Chapter 221 of the Public Laws of 1937.

An individual must submit a claim for compensation on or before June 30, 2014. The claim should be submitted in writing on the claim form prescribed by the Industrial Commission directly to the Office of Justice for Sterilization Victims at 1330 Mail Service Center, Raleigh, NC 27699-1330

A claim may be submitted on behalf of a claimant by a person lawfully authorized to act on the individual's or the individual's estate's behalf. Click here for the claim form.

Compensation will not be paid until June 30, 2015, pursuant to Session Law 2013-360.

The Industrial Commission has adopted Temporary Rules that have been submitted to the North Carolina Office of Administrative Hearings, Rules Division. Click here for the Adopted Temporary Rules. A hearing will be held on Thursday, November 21, 2013, at 10:00 a.m. in the Rules Review Commission's hearing room at 1711 New Hope Church Road, Raleigh, NC.

We will provide updates throughout the rule making process on the “Latest News” tab of the Industrial Commission's website (www.ic.nc.gov). Should you have any additional questions, please call the Industrial Commission's Information Specialists at (800) 688-8349 or (919) 807-2501.
 

Update Regarding NCIC Rules

Pursuant to Session Law 2013-294, known as Senate Bill 174 to Disapprove Industrial Commission Rules, the Industrial Commission will be reviewing the disapproved rules and complying with Section 11 of the bill. In the interim, the Industrial Commission will continue to operate under the rules as set forth on our website:

http://www.ic.nc.gov/ncic/pages/abtrules.htm

In light of Section 4 of Session Law 2013-294, the Industrial Commission will be taking the necessary steps to review the new statutory process and the existing Rule 609A Medical Motions and Emergency Medical Motions. If the existing Rule 609A conflicts with Section 4 of Session Law 2013-294, the Industrial Commission will provide notification of any process to repeal Rule 609A.

On January 1, 2013, two new rules became effective and have been updated on our website: 04 NCAC 10A .0301 Proof of Insurance Coverage and 04 NCAC 10J .0101 Fees for Medical Compensation. No additional changes have been made to the Industrial Commission's rules at this time.
 

Update Regarding Medical Fee Schedule

On January 1, 2013, the Industrial Commission enacted 04 NCAC 10J .0101 Fees for Medical Compensation. This new rule revised the payment structure for medical treatment under the Commission's Medical Fee Schedule and Hospital Fee Schedule. These adjustments were made on staggered dates: (1) January 1, 2013; (2) February 1, 2013; and (3) April 1, 2013. The Industrial Commission has provided three notices regarding these changes and encourages all insurance carriers, self-insured groups and administrators, and managed care organizations to make timely and accurate payment for medical services in accordance with the rule and guidance provided in the following notices:

Deadline for Mandatory Rehabilitation Professionals Training Was July 1, 2013

The N.C. Industrial Commission has adopted a mandatory requirement for Rehabilitation Professionals. Effective July 1, 2011, every Rehabilitation Professional providing rehabilitation services shall be required to complete the comprehensive course entitled Workers' Compensation Case Management in NC: A Basic Primer for Medical and Vocational Case Managers, in order to be recognized as "Qualified" under Section IV of the NCIC Rules for Rehabilitation Professionals. The deadline for completion by RPs currently practicing rehabilitation has passed (7/1/2013), and the NCIC Registry for Workers' Compensation Rehabilitation Professionals on this website has been updated accordingly. Click here to read the March 17, 2011 Minutes for more details. For class availability and registration, click here. If you have questions, contact Caron Cross at 919-807-2618 or via e-mail caron.cross@ic.nc.gov.
 

Expedited, Emergency, and Other Medical Motions to Be Filed with Office of Chief Deputy Commissioner

Senate Bill 174 became law on July 18, 2013, when it was signed by Governor Pat McCrory. Effective August 1, 2013, in compliance with N.C. Gen. Stat. § 97-25(f) (see Session Law 2013-294, Senate Bill 174, Page 2, Section 4), expedited, emergency, and other medical motions shall be filed with the Office of the Chief Deputy Commissioner at medicalmotions@ic.nc.gov.

See Session Law 2013-294, Senate Bill 174 for other changes to the Workers' Compensation Act.
 

Full Commission Calendars to Be Distributed via E-Mail

The North Carolina Industrial Commission announces that, beginning with hearings for the month of September, 2013, Full Commission hearing calendars will be transmitted only by electronic mail to legal representatives of parties in cases scheduled to be heard by the Full Commission. Pro se parties will continue to receive a paper copy of the calendar through the U.S. Mail.
 

Payment of Invoices

The Industrial Commission is implementing revised invoicing procedures with respect to the assessment of hearing costs. If a party is assessed hearing costs in an Order or Opinion & Award, the assessed party will be invoiced.
 

Deadline for Mandatory Rehabilitation Professionals Training is July 1, 2013

The N.C. Industrial Commission has a mandatory requirement for Rehabilitation Professionals. Effective July 1, 2011, every Rehabilitation Professional providing rehabilitation services is required to complete the comprehensive course entitled Workers' Compensation Case Management in NC: A Basic Primer for Medical and Vocational Case Managers, in order to be recognized as "Qualified" under Section IV of the NCIC Rules for Rehabilitation Professionals. For information on class availability through the Carolinas Chapter of the International Association of Rehabilitation Professionals (IARP),please contact Jane Rouse or Jodie Nolf with Southern Rehab Network at 919-781-3149 or 800-772-8914; or send an e-mail to jane.rouse@southernrehab.net or jodie.nolf@southernrehab.net.
 

New Commissioner Confirmed for the Industrial Commission

Andrew T. Heath has been confirmed by the General Assembly to serve on the Industrial Commission. Click here to view the news release making the appointment by Governor Pat McCrory.
 

Insurance Coverage Search System

Pursuant to Section 58-36-17 of the North Carolina General Statutes (see Section 1.(b) of Session Law 2012-135, as modified by Section 65.5 of Session Law 2012-194; modified by Section 1. of Session Law 2013-20), please find data here for workers' compensation insurance policy information that includes the employer name and address, carrier name and address; policy number; policy effective dates; policy cancellation dates; and policy reinstatement dates.

DISCLAIMER: Coverage information shown on this database is not proof of, evidence or verification of workers' compensation insurance. The coverage information shown on this website may not reflect changes (cancellations or reinstatements) that have not yet been reported to the Industrial Commission or the North Carolina Rate Bureau or that have been reported within the last thirty (30) days. Information obtained from this website should be verified with the employer and/or the insurer. An insurer, employer, injured worker, licensed health care provider or attorney involved in a pending workers' compensation claim who is unable to locate coverage information using this database may contact the Industrial Commission directly to obtain more information.
 

Notice to Physicians and Carriers Regarding Prepayment of Negotiated Rates for IMEs and Second Opinions

The Workers' Compensation Act does not include, and the Commission has not established, a specific prohibition on prepayment of negotiated rates for independent medical examinations (IMEs) and second opinion examinations. Efforts by the Commission to establish such procedures are subject to the rulemaking requirements contained in Chapter 150B of the General Statutes. Accordingly, parties may continue the practice of prepayment of negotiated rates for IMEs and second opinions.
 

Updated Hospital Fee Schedule, Effective April 1, 2013

Pursuant to 04 NCAC 10J .0101, see this notice regarding recent revisions to the Fees for Medical Compensation.
 

Industrial Commission Audit Complete

The North Carolina Office of the State Auditor has released the Performance Audit for the Workers' Compensation Program, which includes the official response from the Commission. Click here to review the audit and response.
 

Video Presentation: Employers' Workers' Compensation Obligations

A video presentation on employers' obligations with respect to workers' compensation insurance is now available on the Employers page of the Commission's website.
 

Updated Hospital Fee Schedule, Effective February 1, 2013

Pursuant to 04 NCAC 10J .0101, see this notice regarding recent revisions to the Fees for Medical Compensation.
 

Updated Medical Fee Schedule, Effective January 1, 2013

Pursuant to 04 NCAC 10J .0101, see this notice regarding recent revisions to the Fees for Medical Compensation.
 

Update Regarding NCIC Rules

The Industrial Commission announces that the adopted rules have been approved by the Rules Review Commission. On January 1, 2013, two new rules became effective, 04 NCAC 10A .0301 Proof of Insurance Coverage and 04 NCAC 10J .0101 Fees for Medical Compensation.

The Medical Fee Schedule has been updated to reflect the changes in accordance with 04 NCAC 10J .0101(c). Click here for the updated Medical Fee Schedule.

Pursuant to G.S. §150B-21.3(b2), a portion of the approved rules are subject to legislative review. All remaining approved rules have a delayed effective date, to be determined in accordance with the legislative review. Click here for the rules subjected to legislative review and the approved rules with a delayed effective date.
 

Enhanced Document Portal with Pay-Later Capability Now Available

An enhanced version of the Commission's Electronic Document and Fee Portal (EDFP) is now available on our website. Using this enhanced system, you can now file Compromise Settlement Agreements, Form 21's, Form 24's, Form 26's and Form 26A's; you can make payment for the fees for these filings immediately or within 10 days. The system will generate an online invoice (and email a copy of the invoice), which can be used by you or a third party to make payment using the online payment system available through the NC Industrial Commission's website. As long as payment of the fee in full is made within 10 days, the documents filed will be processed.

To upload documents to the N.C. Industrial Commission via EDFP, parties must first obtain a North Carolina ID (NCID) and then register with the Industrial Commission.

For more information, please click here for the training videos and click here for the EDFP registration instructions. To sign up for or file documents using EDFP, click here. To pay an invoice, click here.
 

NCIC Fraud Section Participates in Investigation of
PEO That Results in Federal Fraud Indictments

The Industrial Commission's Fraud Section Criminal Investigation Unit participated in an investigation of a professional employer organization (PEO) in North Carolina with the Internal Revenue Service and Federal Bureau of Investigation. The investigation resulted in multiple federal fraud indictments against Arthur S. Weiss. READ MORE at this link.
 

NCIC Adopts CPT Codes Released by the American Medical Association

The N.C. Industrial Commission has adopted current procedural terminology (CPT) codes pursuant to the new 2012 release by the American Medical Association, as well as the deletion of certain codes.
 

Notification of Uninsured Employer Penalty Hearing Docket

N.C. Gen. Stat. § 97-93(a) requires employers in the State of North Carolina to carry insurance or prove financial ability to pay for benefits available under the Workers' Compensation Act. The Industrial Commission reviews claims filed by injured workers to determine the employer's insurance status. If the employer is determined to be uninsured, the employer will receive this letter and be placed on a hearing docket.
 

NCIC Adopts a New Medical Provider Fee Dispute Resolution Procedure

The N.C. Industrial Commission has adopted a new Medical Provider Fee Dispute Resolution Procedure, pursuant to N.C. Gen. Stat. § 97-26(i).
 

Electronic Document and Fee Portal [EDFP] To Become MANDATORY

On October 31, 2011, the Industrial Commission implemented an Electronic Document and Fee Portal [EDFP] which allows users to simultaneously upload and electronically pay for the submission of Compromise Settlement Agreements and Forms 21, 24, 26 and 26A. This filing process will become MANDATORY in the future for all identified documents. Plans are to eliminate all filing processes other than EDFP for these documents.

Any feedback regarding the EDFP process may be sent to edfpfeedback@ic.nc.gov. A tutorial regarding the EDFP may be found at the following location: http://www.ic.nc.gov/training.html.
 

Compromise Settlement Agreements and Forms 21, 24, 26,
and 26A Will Be Payable Online, Effective October 31, 2011

Effective October 31, 2011, Compromise Settlement Agreements (Clinchers), and Forms 21, 24, 26, and 26A may be uploaded and electronically paid through a new Industrial Commission Electronic Document and Fee Portal (web portal).

This new feature will require document submitters to first obtain an NCID (North Carolina ID). Obtaining the NCID can be done via https://ccms.ic.nc.gov/PRODNcicAppCheck/ by clicking on “Don't Have an NCID? Click Here.” Prevent delays in uploading documents by applying today for an NCID.

After obtaining your NCID, on https://ccms.ic.nc.gov/PRODNcicAppCheck/, click “Request Authorization to Access NCIC Applications.” On the Application Security Request Page, enter your NCID and click Submit. You will receive an e-mail notification after the appropriate security permissions have been assigned.
 

NCIC Invoices Are Payable Online

Effective September 30, 2011, the North Carolina Industrial Commission's invoices are payable online. Electronic checks and credit cards (MasterCard and VISA) will be accepted. The payor must have the Invoice Number and I.C. File Number available, and can access the Pay Online option from the LINKS menu option on the Industrial Commission Home Page (http://www.ic.nc.gov/).
 

NCIC Adopts CPT Codes for Billing for Physician Interaction with Case Managers

The N.C. Industrial Commission has adopted CPT Codes for billing for physician interaction with case managers. Click here to read the June 23, 2011 Minutes.
 

The Workers' Compensation Act Has Been Modified as of June 24, 2011

House Bill 709 was signed by Governor Beverly Perdue and became effective as law on June 24, 2011. See House Bill 709 for changes to Chapter 97—Workers' Compensation Act
 

Industrial Commission Adopts New Electronic Transcripts Policy

The N.C. Industrial Commission announces that effective July 21, 2011, only electronic transcripts and exhibits will be forwarded to the legal representative for parties appealing to the Full Commission. Pro se parties will continue to receive a paper copy of the transcript through the U.S. Mail. The parties are responsible for calculating the due dates of Briefs and Form 44s in accordance with Rule 701(4) of the Workers' Compensation Rules of the N.C. Industrial Commission, and Rule T305 of the Tort Claims Rules of the N.C. Industrial Commission.
 

NCIC Will Require Carriers and Providers to Adopt Electronic Medical Billing and Payment Processes

The North Carolina Industrial Commission will require carriers and providers to adopt electronic medical billing and payment processes, and will promulgate rules for the implementation of this requirement. Click here to read the June 14, 2011 Minutes.
 

Industrial Commission Adopts the 2011 CPT Codes for Its Medical Fee Schedule

The N.C. Industrial Commission has adopted the 2011 CPT Codes for its Medical Fee Schedule, effective January 1, 2011. Click here to read the April 28, 2011 Minutes.
 

Master List of Cases for Docketing

The Master List of workers' compensation cases identified for docketing before the Deputy Commissioner Section is updated four times each month. CLICK HERE for the latest update on the Dockets Page.
 

Archived News

Click Here for Older News Items

Older News Items and other links are Archived after 90 days. Clicking the link above will take you to the Archive page.

N.C. Industrial Commission Annual Bulletin

The N.C. Industrial Commission annual Bulletin is available, effective January 1, 2016.
Please CLICK HERE to view the Bulletin.

Announcements

2017 Max Comp Rate

Please click here for information regarding the maximum weekly benefit for 2017.

Mileage Rate for 2016

As of January 1, 2016, the IRS mileage rate for business travel is $0.54 per mile. This is the rate to be used for reimbursement for mileage incurred for medical treatment in workers' compensation cases. The updated Form 25T Itemized Statement of Charges for Travel reflects this change.

Updated Spanish Form 17

The Industrial Commission has updated the Spanish Form 17.

Contempt and Noninsured Hearing Dockets

The Industrial Commission is holding frequent contempt, noninsured, and/or penalty-enforcement hearings before Deputy Commissioners. The calendars for these hearings may be found on the Deputy Commissioners' Calendars pages.

Comment from the Commission

In the interest of better serving the employees and employers of North Carolina and enforcing the provisions of the North Carolina Workers' Compensation Act, the North Carolina Industrial Commission began in late 2009 to review its contempt procedures in consultation with state judicial officials.

Throughout 2010, contacts were made and meetings held with various judicial and law enforcement officials to seek assistance in developing and refining lawful contempt procedures. Necessary forms and procedures were drafted and revised multiple times with consulting officials. In 2011, these meetings continued to refine the procedures and receive training. Additional contacts were made with law enforcement and local prosecutors.

As a result of this investment of time and effort and the generous assistance of judicial and law enforcement officials, the Industrial Commission is scheduling regular contempt hearing dockets.

New FAX Numbers for Medical Rehab Nursing Forms

We now have new FAX numbers for the Medical Rehab Nurses Referral Form and the Form 25N Notice to the Commission of Assignment of Rehabilitation Professional. The Referral Form should now be faxed to 919-508-8350 and the Form 25N should now be faxed to 919-508-8325. Please see the Nursing & Medical Rehab Section on the Forms page for more information.

Case Numbers for New NCIC Cases Will Be Eight Digits, Starting January 1, 2013

Case numbers for new N.C. Industrial Commission cases will change from six digits to eight digits, beginning January 1, 2013. The six-digit numbers for cases received prior to that date will remain the same. To read NCIC Chair Pamela T. Young's November 15, 2012 memo about this change, click here.

Electronic Claims and Medical Bill Reporting: Electronic Data Interchange (EDI)

The North Carolina Industrial Commission (NCIC) is implementing two (2) Electronic Reporting processes for workers' compensation claims:

  1. Claims, beginning
    January 2, 2013
  2. Medical Billing, beginning
    March 1, 2013.

For further details, CLICK HERE.

Commission Issues Form 23

The Form 23 Application to Reinstate Payment of Disability Compensation (G.S. § 97-18(k)) is now available on the Industrial Commission's website. This form was created to comply with N.C. Gen. Stat. § 97-18(k), which became effective June 24, 2011, as part of the recently enacted House Bill 709 (see Page 2, Section 5). Please note that the Form 23 may not be used to request medical compensation or to request payment of disability compensation in denied claims or admitted claims in which no disability compensation has been paid.

Archived Announcements

Click Here for Older Announcements

Older News Items and other links are Archived after 90 days. Clicking the link above will take you to the Announcements section of the Archive page.