Industrial Commission Update

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Opinion and Awards to be E-mailed – The Industrial Commission announced that beginning on January 2, 2018 workers’ compensation Opinions and Awards will be served via email. The change affects all parties that are represented by attorney’s. The Opinion and Awards will be sent via email to the attorney of record for each party. The Commission stressed that certified mailing will only be sent either the attorney’s email address is unknown or the party is appearing pro se.

 The Commission indicated that the change was the result of cost saving initiatives and the recent changes to N.C. Gen. Stat. §97-86. The Commission also provided attorneys with the opportunity to ensure that the e-mail presently on record was correct by completing this online questionnaire.

Changes to Sanctions for Failure to Accept or Deny a Claim – The Industrial Commission has announced and emphasized on several occasions that the amount sanctioned for a Carrier/Employer failing to accept or deny a claim via a Form 60, 61, or 63 within 30 days of notice of filing a claim has increased from $200 to $400. The Commission has enforced this sanction strictly in the past two months. In addition, if the failure to accept or deny continues 30 days past the sanction order an additional $200 sanction will be ordered and the matter will be referred to the Enforcement Docket.

Medical Motion Submissions Moving to EDFP – Medical Motions previously submitted through medicalmotions@ic.nc.gov will soon be required to be submitted through the EDFP. The change is to occur sometime in 2018. More details regarding the change will follow in future e-alerts.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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