Industial
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*Applied Industrial Technologies
*Global Industrial Supply
*Industrial Revolution
*Industrial Design
The Industrial Commission administers the Workers’ Compensation Act, the Tort Claims Act, the Childhood Vaccine-Related Injury Act, the Public Safety Employees’ Death Benefits Act, the Act to Compensate Individuals Erroneously Convicted of Felonies, and the Eugenics Compensation Program. Our mission is to ensure all parties are treated fairly and equally in accordance with North Carolina State Law.More...
Home Office: 3555 Farnam St. Omaha, NE Home Office: (402) 342-2052 General Info: info@kiewit.com Locations Page Career Search. Industrial Amphenol is a technology leader in the design, manufacture and supply of high-performance interconnect systems, sensors and antennas for a broad range of industrial applications.Current Commission Policies Regarding Mediation, Commission Hearings, and Written Affirmation Without Notarization
Consistent with the January 14, 2021 Order of the Chief Justice of the Supreme Court of North Carolina, the Industrial Commission has reverted to its mediation and hearing policies that existed prior to the December 14, 2020 Order of the Chief Justice of the Supreme Court of North Carolina.
Currently, all Industrial Commission mediations shall be conducted remotely, unless all parties and persons required to attend the mediation, including the mediator, agree to conduct the mediation in person, or unless the Industrial Commission orders that the mediation be conducted in person.
Additionally, all Deputy Commissioner hearings shall be conducted remotely via Webex videoconference, unless the Deputy Commissioner grants an in-person hearing upon a showing of good cause as to why an in-person hearing should be allowed. If a party believes that a case is neither appropriate for a Webex hearing nor appropriate to be heard in person at the present time, the party may file a motion to temporarily remove the case from the hearing docket with the presiding Deputy Commissioner.
Full Commission hearings shall continue to be conducted via Microsoft Teams videoconference.
The Commission will continue to accept written affirmations without notarization, so long as the subscriber affirms the truth of the matter to be verified in substantially the same language as that allowed by Emergency Directive 5 (“I (we) affirm, under the penalties for perjury, that the foregoing representation(s) is (are) true. (Signed)____________________.”). Deputy Commissioner Hearings During the Pandemic: Presentations Discussing Webex and Other Practical Hearing Tips
To help parties prepare for hearings during the pandemic, the Industrial Commission has created two short video tutorials featuring Deputy Commissioner Kevin V. Howell to help answer some common questions about Webex hearings. These video tutorials were excerpted from the October 22, 2020 Webinar on Deputy Commissioner Webex Hearings hosted by the Workers’ Compensation Section of the North Carolina Bar Association. Links to each of these two video tutorials, as well as a link to the full October 22, 2020 webinar and a link to Deputy Commissioner Howell’s presentation on remote hearings during the October 14, 2020 Deputy Commissioner Section Update at the 25th Annual North Carolina Workers’ Compensation Educational Conference, can be found below.
How to Join a Webex Hearing: (Excerpted from North Carolina Bar Association Webinar on Deputy Commissioner Webex Hearings) Click here to view video.
How to Change Your Audio Connection for a Webex Hearing: (Excerpted from North Carolina Bar Association Webinar on Deputy Commissioner Webex Hearings) Click here to view video.
October 22, 2020 Webinar on Deputy Commissioner Webex Hearings Click here to view video.
Deputy Commissioner Howell’s presentation on remote hearings during the October 14, 2020 Deputy Commissioner Section Update at the 25th Annual North Carolina Workers’ Compensation Educational Conference Click here to view video.Larry D. Hall Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Larry D. Hall as a Deputy Commissioner. Hall comes to the Commission with a long history of distinguished public service, most recently serving as the Secretary of the North Carolina Department of Military and Veterans Affairs. Previously, Hall represented Durham County for ten years in the North Carolina House of Representatives, where he served as the House Minority Leader during his final four years. Hall maintained a private law practice in Durham prior to and during his terms in the General Assembly, with a focus on business, employment, and personal injury law. Hall received his bachelor’s degree from Johnson C. Smith University before being commissioned as an officer in the United States Marine Corps. He continued his military service in the Marine Reserves while earning his J.D. from the University of North Carolina School of Law. Hall will be hearing cases assigned to the Commission’s Raleigh Office.All In-Person Mediations Must be Scheduled or Rescheduled for a Date on or after January 14, 2021
Consistent with Emergency Directive 1 of the December 14, 2020 Order of the Chief Justice of the Supreme Court of North Carolina, and pursuant to the Commission’s authority under 11 NCAC 23E .0302(b), the mediation attendance requirements and provisions of 11 NCAC 23G .0104 have been varied to bring Industrial Commission mediations in conformity with Emergency Directive 1. Accordingly, all in-person mediations must be scheduled or rescheduled for a date on or after January 14, 2021. Postponement of Industrial Commission In-Person Hearings for 30 Days Beginning Monday December 14, 2020
Consistent with Chief Justice Beasley’s December 11, 2020 announcement that North Carolina Courts will postpone non-essential, in-person court proceedings for 30 days beginning Monday December 14, 2020, the Industrial Commission has postponed its in-person hearings during this same time period. Parties who were scheduled to appear for an in-person hearing may be contacted by the Deputy Commissioner assigned to the case to explore the possibility of having the case heard remotely via Webex, if appropriate. Tammy R. Nance Designated Chief Deputy Commissioner
North Carolina Industrial Commission Chair Philip A. Baddour, III has designated Tammy R. Nance as Chief Deputy Commissioner. Nance has served as Acting Chief Deputy Commissioner for the past several months. She will continue to serve as the Director of Claims Administration until a new Director is hired.
Nance brings a wealth of relevant experience to the Deputy Commissioner Section. Previously, she served as a Deputy Commissioner from 1987 to 1995 before entering private practice, where she represented both employers and employees in workers’ compensation claims over the course of 15 years. In 2011, she returned to the Commission to serve on the Full Commission until 2018. In 2019, she began serving as a Deputy Commissioner assigned to head the Claims Administration Section. Chief Deputy Commissioner Nance is a Fellow of the College of Workers’ Compensation Lawyers and a certified mediator.Written Affirmation Without Notarization Allowed in all Industrial Commission Filings
Under emergency Rule 11 NCAC 23E .0302, during any period that an emergency Order or directive of the Chief Justice of the North Carolina Supreme Court authorizes the taking of oaths and verifications outside the presence of a notary public, the Industrial Commission may accept any pleading, motion, petition, supporting affidavit, or other document with an affirmation or representation not attested to before a notary public so long as the subscriber affirms the truth of the matter to be verified by an affirmation or representation in substantially the same language as that allowed by the emergency Order or directive of the Chief Justice of the North Carolina Supreme Court. The Commission’s current policy, which will continue until further notice, is to allow such affirmations and representations to be submitted in all Industrial Commission cases.
Based on Emergency Directive 5 in the Chief Justice’s most recent emergency Order, the following language should be used by parties practicing before the Industrial Commission who are submitting an affirmation or representation not attested to before a notary public in an Industrial Commission filing: “I (we) affirm, under the penalties for perjury, that the foregoing representation(s) is (are) true. (Signed)_____________________.” Webinar on Deputy Commissioner Webex Hearings: Thursday, October 22, 2020 at 4 p.m.
The Industrial Commission’s Deputy Commissioner Kevin V. Howell will be presenting practical tips and considerations for Deputy Commissioner Webex hearings at a free webinar open to all on Thursday, October 22, 2020 at 4 p.m.
The webinar will take place via Zoom, and pre-registration for the event is required. While registration is being facilitated by the Workers’ Compensation Section of the North Carolina Bar Association, you do not have to be a member of the Bar Association to register for the webinar and there is no cost for registration. To register, click here.
Following Deputy Commissioner Howell’s presentation, participants will be able to ask him questions about Webex hearings during a live Q&A. Tiffany Mack Smith Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Tiffany Mack Smith as a Deputy Commissioner. Ms. Smith began practicing law in 2011 and has focused her practice primarily in the areas of workers’ compensation and social security disability, most recently at the law firm of Wallace & Graham in Salisbury, NC. Previously, she practiced at the law firm of Ferguson Chambers & Sumter in Charlotte, NC. Ms. Smith earned her J.D. from North Carolina Central University School of Law, where she graduated cum laude and was the Executive Editor of the North Carolina Central Law Review. Ms. Smith will be hearing cases assigned to the Charlotte Regional Office.Notice of Meeting
The Commission will meet at 2:00 p.m. on Thursday, September 24, 2020. Out of an abundance of caution and to address protective measures to help prevent the spread of COVID-19, this meeting will be held via teleconference only instead of being held in person. The teleconference phone number is 1-888-363-4735 and the access code is 4465746. Please click here for the meeting notice and agenda.In Memoriam: Chief Deputy Commissioner Melanie Wade Goodwin
The Industrial Commission mourns the loss of our beloved colleague and friend Chief Deputy Commissioner Melanie Wade Goodwin. Chief Deputy Commissioner Wade Goodwin served the Commission since 2011, first as a Deputy Commissioner and then as Chief Deputy Commissioner. Prior to joining the Commission, she served in the North Carolina House of Representatives where she represented the people of Richmond and Montgomery Counties for three terms.
Chief Deputy Commissioner Wade Goodwin earned her B.A. in English from the University of North Carolina at Chapel Hill and her J.D. from Campbell University School of Law. After completing her undergraduate studies and before law school, she worked with the North Carolina Council for Women as an advocate for women and families. Upon graduating from law school, Chief Deputy Commissioner Wade Goodwin opened a law practice focusing on family law.
The Industrial Commission is grateful to Chief Deputy Commissioner Wade Goodwin for the many contributions she made to the Commission and for her dedicated service to the citizens of North Carolina.25th Annual N.C. Workers’ Compensation Virtual Educational Conference Will Be Held on Tuesday-Friday, October 13-16, 2020
Registration is now open for the 25th Annual North Carolina Workers’ Compensation Educational Conference, which will be held this year as a purely virtual event on Tuesday-Friday, October 13-16, 2020. This conference is presented by the North Carolina Industrial Commission, in association with the International Workers’ Compensation Foundation.
This year’s agenda includes a discussion of the 2011 legislative changes and extended compensation claims under G.S. 97-29(c), as well as several presentations specifically related to the pandemic (including suitable employment and return-to-work issues in 2020, work-related injuries and telecommuting, and COVID-19 compensability). A demonstration of the Commission’s new case management system will also be offered.
This year’s conference includes a virtual exhibit hall that attendees can visit during program breaks.
The conference 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 attorneys (CLE); paralegals (CPE); carriers (CE credit); human resources professionals (SHRM); and rehabilitation providers (CEU for CRC, CDMS, and CCM). COHNs, CRRNs, and any other discipline will be provided, upon request, with a certificate of completion for credit submission.
For additional details and to register with payment by check, download the conference brochure by clicking here:
To register online and pay by credit card, click here:
For more information on the conference, 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. Temporary Mediation Rule (11 NCAC 23G .0104) Approved by Rules Review Commission
On August 20, 2020, the Rules Review Commission approved the temporary mediation rule that was adopted by the Industrial Commission on August 6, 2020, with technical corrections. Please click here to view the approved temporary mediation rule, which will go into effect on August 28, 2020.Notice of Meeting
The Commission will meet at 2:00 p.m. on Thursday, August 6, 2020. Out of an abundance of caution and to address protective measures to help prevent the spread of COVID-19, this meeting will be held via teleconference only instead of being held in person. The teleconference phone number is 1-888-363-4735 and the access code is 4465746. Please click here for the meeting notice and agenda.COVID-19 Response: Revised Industrial Commission In-Person Deputy Commissioner Hearing Guidelines for Workers’ Compensation and Tort Claims
In response to Chief Justice Beasley’s July 16, 2020 Order and Emergency Directive 21 related to face coverings in courthouses, the Industrial Commission has revised its in-person hearing guidelines. A summary of the current guidelines can be found here:Guidelines for In-Person Hearings.COVID-19 Response: Summary of Industrial Commission In-Person Deputy Commissioner Hearing Guidelines for Workers’ Compensation and Tort Claims
The Industrial Commission is holding in-person hearings in limited cases when ordered by the presiding Deputy Commissioner. A summary of the guidelines for Deputy Commissioner hearings held in-person during the COVID-19 pandemic can be found here:Guidelines for In-Person Hearings.COVID-19 Response: August 2020 Deputy Commissioner Docket Update
Deputy Commissioners will set cases continued from the June 2020 docket in August 2020 as part of the Commission’s efforts to avoid any backlog and efficiently handle the cases that were continued due to the COVID-19 pandemic. Deputy Commissioners will also attempt to set continuances from the July 2020 docket in August 2020. The cases previously listed on the August 2020 Final Master Trial Docket will be assigned to a later docket.June 8, 2020 Update: Industrial Commission Mediation Policies as of June 16, 2020
The Industrial Commission has adopted an emergency amendment to Rule 11 NCAC 23G .0104, which has been approved by the Codifier of Rules and which is effective as of June 16, 2020. A copy of the emergency rule amendment can be found here: 11 NCAC 23G .0104- Emergency Rule Amendment Eff. 6-16-20.
Under this emergency rule amendment, all Industrial Commission mediations shall be conducted remotely, unless all parties and persons required to attend the mediation, including the mediator, agree to conduct the mediation in person, or unless the Industrial Commission orders that the mediation shall be conducted in person following a motion filed with John Schafer, the Dispute Resolution Coordinator, pursuant to Rule 11 NCAC 23G .0104(b) and Rule 11 NCAC 23G .0111.
This emergency rule amendment was adopted by the Industrial Commission after the North Carolina Supreme Court entered an Order on June 3, 2020 amending Rule 4(a)(2) of the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions, making attendance via remote technology the default method of attendance in Superior Court case mediations. Pursuant to G.S. §97-80(c), the Industrial Commission’s mediation rules must be substantially similar to the mediation rules approved by the Supreme Court for use in the Superior Court division. The amendment satisfies the statutory requirement.
The emergency rule amendment will proceed through both temporary and permanent rulemaking under the Administrative Procedure Act over the course of the next 6-9 months.Notice of Proposed Temporary Rulemaking and Public Hearing- Proposed Amendment to Rule 11 NCAC 23G .0104
The Industrial Commission has proposed temporary rulemaking to adopt an amendment to Rule 11 NCAC 23G .0104.
A copy of the text of the proposed temporary rule amendment can be found here: 11 NCAC 23G .0104- Proposed Temporary Rule Amendment.
WRITTEN COMMENTS
The Industrial Commission will accept written comments on the proposed temporary rule amendment from June 15, 2020 through July 8, 2020. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator, via email at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh NC 27699-1240. Please note that emailing your written comments to Gina Cammarano is the preferred method at this time due to Industrial Commission staff working remotely, to the greatest extent possible, during the COVID-19 pandemic.
PUBLIC HEARING
The Industrial Commission will hold a public hearing on this proposed temporary rule amendment on Thursday June 25, 2020 at 2 p.m. Out of an abundance of caution and to address protective measures to help prevent the spread of COVID-19, the public hearing will be held via teleconference only instead of being held in person. The teleconference phone number is: 1-888-363-4735. The access code is: 4465746.May 30, 2020 Update: Industrial Commission Mediation Policies as of June 1, 2020
Consistent with
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*Applied Industrial Technologies
*Global Industrial Supply
*Industrial Revolution
*Industrial Design
The Industrial Commission administers the Workers’ Compensation Act, the Tort Claims Act, the Childhood Vaccine-Related Injury Act, the Public Safety Employees’ Death Benefits Act, the Act to Compensate Individuals Erroneously Convicted of Felonies, and the Eugenics Compensation Program. Our mission is to ensure all parties are treated fairly and equally in accordance with North Carolina State Law.More...
Home Office: 3555 Farnam St. Omaha, NE Home Office: (402) 342-2052 General Info: info@kiewit.com Locations Page Career Search. Industrial Amphenol is a technology leader in the design, manufacture and supply of high-performance interconnect systems, sensors and antennas for a broad range of industrial applications.Current Commission Policies Regarding Mediation, Commission Hearings, and Written Affirmation Without Notarization
Consistent with the January 14, 2021 Order of the Chief Justice of the Supreme Court of North Carolina, the Industrial Commission has reverted to its mediation and hearing policies that existed prior to the December 14, 2020 Order of the Chief Justice of the Supreme Court of North Carolina.
Currently, all Industrial Commission mediations shall be conducted remotely, unless all parties and persons required to attend the mediation, including the mediator, agree to conduct the mediation in person, or unless the Industrial Commission orders that the mediation be conducted in person.
Additionally, all Deputy Commissioner hearings shall be conducted remotely via Webex videoconference, unless the Deputy Commissioner grants an in-person hearing upon a showing of good cause as to why an in-person hearing should be allowed. If a party believes that a case is neither appropriate for a Webex hearing nor appropriate to be heard in person at the present time, the party may file a motion to temporarily remove the case from the hearing docket with the presiding Deputy Commissioner.
Full Commission hearings shall continue to be conducted via Microsoft Teams videoconference.
The Commission will continue to accept written affirmations without notarization, so long as the subscriber affirms the truth of the matter to be verified in substantially the same language as that allowed by Emergency Directive 5 (“I (we) affirm, under the penalties for perjury, that the foregoing representation(s) is (are) true. (Signed)____________________.”). Deputy Commissioner Hearings During the Pandemic: Presentations Discussing Webex and Other Practical Hearing Tips
To help parties prepare for hearings during the pandemic, the Industrial Commission has created two short video tutorials featuring Deputy Commissioner Kevin V. Howell to help answer some common questions about Webex hearings. These video tutorials were excerpted from the October 22, 2020 Webinar on Deputy Commissioner Webex Hearings hosted by the Workers’ Compensation Section of the North Carolina Bar Association. Links to each of these two video tutorials, as well as a link to the full October 22, 2020 webinar and a link to Deputy Commissioner Howell’s presentation on remote hearings during the October 14, 2020 Deputy Commissioner Section Update at the 25th Annual North Carolina Workers’ Compensation Educational Conference, can be found below.
How to Join a Webex Hearing: (Excerpted from North Carolina Bar Association Webinar on Deputy Commissioner Webex Hearings) Click here to view video.
How to Change Your Audio Connection for a Webex Hearing: (Excerpted from North Carolina Bar Association Webinar on Deputy Commissioner Webex Hearings) Click here to view video.
October 22, 2020 Webinar on Deputy Commissioner Webex Hearings Click here to view video.
Deputy Commissioner Howell’s presentation on remote hearings during the October 14, 2020 Deputy Commissioner Section Update at the 25th Annual North Carolina Workers’ Compensation Educational Conference Click here to view video.Larry D. Hall Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Larry D. Hall as a Deputy Commissioner. Hall comes to the Commission with a long history of distinguished public service, most recently serving as the Secretary of the North Carolina Department of Military and Veterans Affairs. Previously, Hall represented Durham County for ten years in the North Carolina House of Representatives, where he served as the House Minority Leader during his final four years. Hall maintained a private law practice in Durham prior to and during his terms in the General Assembly, with a focus on business, employment, and personal injury law. Hall received his bachelor’s degree from Johnson C. Smith University before being commissioned as an officer in the United States Marine Corps. He continued his military service in the Marine Reserves while earning his J.D. from the University of North Carolina School of Law. Hall will be hearing cases assigned to the Commission’s Raleigh Office.All In-Person Mediations Must be Scheduled or Rescheduled for a Date on or after January 14, 2021
Consistent with Emergency Directive 1 of the December 14, 2020 Order of the Chief Justice of the Supreme Court of North Carolina, and pursuant to the Commission’s authority under 11 NCAC 23E .0302(b), the mediation attendance requirements and provisions of 11 NCAC 23G .0104 have been varied to bring Industrial Commission mediations in conformity with Emergency Directive 1. Accordingly, all in-person mediations must be scheduled or rescheduled for a date on or after January 14, 2021. Postponement of Industrial Commission In-Person Hearings for 30 Days Beginning Monday December 14, 2020
Consistent with Chief Justice Beasley’s December 11, 2020 announcement that North Carolina Courts will postpone non-essential, in-person court proceedings for 30 days beginning Monday December 14, 2020, the Industrial Commission has postponed its in-person hearings during this same time period. Parties who were scheduled to appear for an in-person hearing may be contacted by the Deputy Commissioner assigned to the case to explore the possibility of having the case heard remotely via Webex, if appropriate. Tammy R. Nance Designated Chief Deputy Commissioner
North Carolina Industrial Commission Chair Philip A. Baddour, III has designated Tammy R. Nance as Chief Deputy Commissioner. Nance has served as Acting Chief Deputy Commissioner for the past several months. She will continue to serve as the Director of Claims Administration until a new Director is hired.
Nance brings a wealth of relevant experience to the Deputy Commissioner Section. Previously, she served as a Deputy Commissioner from 1987 to 1995 before entering private practice, where she represented both employers and employees in workers’ compensation claims over the course of 15 years. In 2011, she returned to the Commission to serve on the Full Commission until 2018. In 2019, she began serving as a Deputy Commissioner assigned to head the Claims Administration Section. Chief Deputy Commissioner Nance is a Fellow of the College of Workers’ Compensation Lawyers and a certified mediator.Written Affirmation Without Notarization Allowed in all Industrial Commission Filings
Under emergency Rule 11 NCAC 23E .0302, during any period that an emergency Order or directive of the Chief Justice of the North Carolina Supreme Court authorizes the taking of oaths and verifications outside the presence of a notary public, the Industrial Commission may accept any pleading, motion, petition, supporting affidavit, or other document with an affirmation or representation not attested to before a notary public so long as the subscriber affirms the truth of the matter to be verified by an affirmation or representation in substantially the same language as that allowed by the emergency Order or directive of the Chief Justice of the North Carolina Supreme Court. The Commission’s current policy, which will continue until further notice, is to allow such affirmations and representations to be submitted in all Industrial Commission cases.
Based on Emergency Directive 5 in the Chief Justice’s most recent emergency Order, the following language should be used by parties practicing before the Industrial Commission who are submitting an affirmation or representation not attested to before a notary public in an Industrial Commission filing: “I (we) affirm, under the penalties for perjury, that the foregoing representation(s) is (are) true. (Signed)_____________________.” Webinar on Deputy Commissioner Webex Hearings: Thursday, October 22, 2020 at 4 p.m.
The Industrial Commission’s Deputy Commissioner Kevin V. Howell will be presenting practical tips and considerations for Deputy Commissioner Webex hearings at a free webinar open to all on Thursday, October 22, 2020 at 4 p.m.
The webinar will take place via Zoom, and pre-registration for the event is required. While registration is being facilitated by the Workers’ Compensation Section of the North Carolina Bar Association, you do not have to be a member of the Bar Association to register for the webinar and there is no cost for registration. To register, click here.
Following Deputy Commissioner Howell’s presentation, participants will be able to ask him questions about Webex hearings during a live Q&A. Tiffany Mack Smith Appointed to Serve as Deputy Commissioner
The Industrial Commission is pleased to announce the appointment of Tiffany Mack Smith as a Deputy Commissioner. Ms. Smith began practicing law in 2011 and has focused her practice primarily in the areas of workers’ compensation and social security disability, most recently at the law firm of Wallace & Graham in Salisbury, NC. Previously, she practiced at the law firm of Ferguson Chambers & Sumter in Charlotte, NC. Ms. Smith earned her J.D. from North Carolina Central University School of Law, where she graduated cum laude and was the Executive Editor of the North Carolina Central Law Review. Ms. Smith will be hearing cases assigned to the Charlotte Regional Office.Notice of Meeting
The Commission will meet at 2:00 p.m. on Thursday, September 24, 2020. Out of an abundance of caution and to address protective measures to help prevent the spread of COVID-19, this meeting will be held via teleconference only instead of being held in person. The teleconference phone number is 1-888-363-4735 and the access code is 4465746. Please click here for the meeting notice and agenda.In Memoriam: Chief Deputy Commissioner Melanie Wade Goodwin
The Industrial Commission mourns the loss of our beloved colleague and friend Chief Deputy Commissioner Melanie Wade Goodwin. Chief Deputy Commissioner Wade Goodwin served the Commission since 2011, first as a Deputy Commissioner and then as Chief Deputy Commissioner. Prior to joining the Commission, she served in the North Carolina House of Representatives where she represented the people of Richmond and Montgomery Counties for three terms.
Chief Deputy Commissioner Wade Goodwin earned her B.A. in English from the University of North Carolina at Chapel Hill and her J.D. from Campbell University School of Law. After completing her undergraduate studies and before law school, she worked with the North Carolina Council for Women as an advocate for women and families. Upon graduating from law school, Chief Deputy Commissioner Wade Goodwin opened a law practice focusing on family law.
The Industrial Commission is grateful to Chief Deputy Commissioner Wade Goodwin for the many contributions she made to the Commission and for her dedicated service to the citizens of North Carolina.25th Annual N.C. Workers’ Compensation Virtual Educational Conference Will Be Held on Tuesday-Friday, October 13-16, 2020
Registration is now open for the 25th Annual North Carolina Workers’ Compensation Educational Conference, which will be held this year as a purely virtual event on Tuesday-Friday, October 13-16, 2020. This conference is presented by the North Carolina Industrial Commission, in association with the International Workers’ Compensation Foundation.
This year’s agenda includes a discussion of the 2011 legislative changes and extended compensation claims under G.S. 97-29(c), as well as several presentations specifically related to the pandemic (including suitable employment and return-to-work issues in 2020, work-related injuries and telecommuting, and COVID-19 compensability). A demonstration of the Commission’s new case management system will also be offered.
This year’s conference includes a virtual exhibit hall that attendees can visit during program breaks.
The conference 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 attorneys (CLE); paralegals (CPE); carriers (CE credit); human resources professionals (SHRM); and rehabilitation providers (CEU for CRC, CDMS, and CCM). COHNs, CRRNs, and any other discipline will be provided, upon request, with a certificate of completion for credit submission.
For additional details and to register with payment by check, download the conference brochure by clicking here:
To register online and pay by credit card, click here:
For more information on the conference, 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. Temporary Mediation Rule (11 NCAC 23G .0104) Approved by Rules Review Commission
On August 20, 2020, the Rules Review Commission approved the temporary mediation rule that was adopted by the Industrial Commission on August 6, 2020, with technical corrections. Please click here to view the approved temporary mediation rule, which will go into effect on August 28, 2020.Notice of Meeting
The Commission will meet at 2:00 p.m. on Thursday, August 6, 2020. Out of an abundance of caution and to address protective measures to help prevent the spread of COVID-19, this meeting will be held via teleconference only instead of being held in person. The teleconference phone number is 1-888-363-4735 and the access code is 4465746. Please click here for the meeting notice and agenda.COVID-19 Response: Revised Industrial Commission In-Person Deputy Commissioner Hearing Guidelines for Workers’ Compensation and Tort Claims
In response to Chief Justice Beasley’s July 16, 2020 Order and Emergency Directive 21 related to face coverings in courthouses, the Industrial Commission has revised its in-person hearing guidelines. A summary of the current guidelines can be found here:Guidelines for In-Person Hearings.COVID-19 Response: Summary of Industrial Commission In-Person Deputy Commissioner Hearing Guidelines for Workers’ Compensation and Tort Claims
The Industrial Commission is holding in-person hearings in limited cases when ordered by the presiding Deputy Commissioner. A summary of the guidelines for Deputy Commissioner hearings held in-person during the COVID-19 pandemic can be found here:Guidelines for In-Person Hearings.COVID-19 Response: August 2020 Deputy Commissioner Docket Update
Deputy Commissioners will set cases continued from the June 2020 docket in August 2020 as part of the Commission’s efforts to avoid any backlog and efficiently handle the cases that were continued due to the COVID-19 pandemic. Deputy Commissioners will also attempt to set continuances from the July 2020 docket in August 2020. The cases previously listed on the August 2020 Final Master Trial Docket will be assigned to a later docket.June 8, 2020 Update: Industrial Commission Mediation Policies as of June 16, 2020
The Industrial Commission has adopted an emergency amendment to Rule 11 NCAC 23G .0104, which has been approved by the Codifier of Rules and which is effective as of June 16, 2020. A copy of the emergency rule amendment can be found here: 11 NCAC 23G .0104- Emergency Rule Amendment Eff. 6-16-20.
Under this emergency rule amendment, all Industrial Commission mediations shall be conducted remotely, unless all parties and persons required to attend the mediation, including the mediator, agree to conduct the mediation in person, or unless the Industrial Commission orders that the mediation shall be conducted in person following a motion filed with John Schafer, the Dispute Resolution Coordinator, pursuant to Rule 11 NCAC 23G .0104(b) and Rule 11 NCAC 23G .0111.
This emergency rule amendment was adopted by the Industrial Commission after the North Carolina Supreme Court entered an Order on June 3, 2020 amending Rule 4(a)(2) of the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions, making attendance via remote technology the default method of attendance in Superior Court case mediations. Pursuant to G.S. §97-80(c), the Industrial Commission’s mediation rules must be substantially similar to the mediation rules approved by the Supreme Court for use in the Superior Court division. The amendment satisfies the statutory requirement.
The emergency rule amendment will proceed through both temporary and permanent rulemaking under the Administrative Procedure Act over the course of the next 6-9 months.Notice of Proposed Temporary Rulemaking and Public Hearing- Proposed Amendment to Rule 11 NCAC 23G .0104
The Industrial Commission has proposed temporary rulemaking to adopt an amendment to Rule 11 NCAC 23G .0104.
A copy of the text of the proposed temporary rule amendment can be found here: 11 NCAC 23G .0104- Proposed Temporary Rule Amendment.
WRITTEN COMMENTS
The Industrial Commission will accept written comments on the proposed temporary rule amendment from June 15, 2020 through July 8, 2020. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator, via email at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh NC 27699-1240. Please note that emailing your written comments to Gina Cammarano is the preferred method at this time due to Industrial Commission staff working remotely, to the greatest extent possible, during the COVID-19 pandemic.
PUBLIC HEARING
The Industrial Commission will hold a public hearing on this proposed temporary rule amendment on Thursday June 25, 2020 at 2 p.m. Out of an abundance of caution and to address protective measures to help prevent the spread of COVID-19, the public hearing will be held via teleconference only instead of being held in person. The teleconference phone number is: 1-888-363-4735. The access code is: 4465746.May 30, 2020 Update: Industrial Commission Mediation Policies as of June 1, 2020
Consistent with
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