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

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.
 

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.
 

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

Raleigh Convention Center 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

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 Bulletin

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

Announcements

2019 Max Comp Rate

Please click here for information regarding the maximum weekly benefit for 2019.

Updated Form 24 Application Available

The Industrial Commission has made minor revisions to the Form 24 Application. Please use the updated form, beginning in February 2018.

Mileage Rate for 2018

As of January 1, 2018, the IRS mileage rate for business travel is $0.545 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.