SUBCHAPTER 10H – RULES OF THE INDUSTRIAL COMMISSION RELATING

TO THE LAW-ENFORCEMENT OFFICERS', FIREMEN'S, RESCUE SQUAD WORKERS' AND CIVIL AIR

PATROL MEMBERS' DEATH BENEFITS ACT

 

section .0100 – administration

 

04 NCAC 10H .0101          LOCATION OF OFFICES AND HOURS OF BUSINESS

For purposes of this Subsection, the offices of the North

Carolina Industrial Commission are located in the Dobbs Building, 430 North

Salisbury Street, Raleigh, North Carolina.  Documents that are not being filed

electronically may be filed between the hours of 8:00 a.m. and 5:00 p.m. only. 

Documents permitted to be filed electronically may be filed until 11:59 p.m. on

the required filing date.

 

History Note:        Authority G.S. 143-166.4;

Eff. November 1, 1977;

Amended Eff. July 1, 2014.

SECTION .0200 - RULES OF

COMMISSION

 

04 NCAC 10H .0201          DETERMINATION OF CLAIMS BY THE

COMMISSION

(a)  Upon application for an award under the provisions of

the Law-Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil Air

Patrol Members' Death Benefits Act, the Commission shall determine whether

sufficient evidence is contained in the Commission's workers' compensation or

other files upon which to base an order for the payment of benefits.  If the

Commission is satisfied that such an order should be issued, it shall, without

conducting a hearing, file an award directing the payment of benefits.

(b)  If the Commission is of the opinion that  the

Commission's workers' compensation or other files have insufficient evidence

upon which to base an award for the payment of benefits, the Commission shall

place the case upon the Commission's hearing docket.  The Commission shall set

a contested case for hearing in a location deemed convenient to witnesses and the

Commission.

 

History Note:        Authority G.S. 143-166.4;

Eff. August 1, 1979;

Amended Eff. July 1, 2014.

 

04 NCAC 10H .0202          HEARINGS BEFORE THE COMMISSION

(a)  The Commissioner or Deputy Commissioner before whom a case

regarding the Law-Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil

Air Patrol Members' Death Benefits Act is set for hearing, shall order the parties

to participate in a pre-trial conference.  This conference shall be conducted

at such place and by such method as the Commissioner or Deputy Commissioner deems

appropriate, including conference telephone calls.

(b)  The Commission shall give notice of hearing in every

case.  Postponement or continuance of a scheduled hearing shall be granted in

the interests of justice or to promote judicial economy.

(c)  Notice of the hearing shall be given to the Attorney General

of the State of North Carolina, who may appear as amicus curiae.

 

History Note:        Authority G.S. 143-166.4;

Eff. August 1, 1979;

Amended Eff. July 1, 2014.

 

04 NCAC 10H .0203          APPOINTMENT OF GUARDIAN AD LITEM

(a)  Infants or incompetents may bring an action under this

Subchapter only through their guardian ad litem. The Commission shall

appoint a person as guardian ad litem if the Commission determines it to

be in the best interest of the infant or incompetent.  The Commission shall

appoint a guardian ad litem only after due inquiry as to the fitness of

the person to be appointed.

(b)  No compensation due or owed to the infant or

incompetent shall be paid directly to the guardian ad litem.

(c)  The Commission may assess a fee to be paid to an

attorney who serves as a guardian ad litem for actual services rendered

upon receipt of an affidavit of actual time spent in representation of the

infant or incompetent.

 

History Note:        Authority G.S. 143-166.4;

Eff. August 1, 1979;

Amended Eff. July 1, 2014.

 

04 NCAC 10H .0204          WRITTEN OR RECORDED STATEMENT

(a)  Upon the request of the employer or his agent to take a

written or a recorded statement in an action pursuant to Article 12A of Chapter

143 of the General Statutes, the employer or his agent shall advise any person

eligible for payments that the statement may be used to determine whether the

claim will be paid or denied.  Any person eligible for payments who gives the

employer, its carrier, or any agent either a written or recorded statement of

the facts and circumstances surrounding the decedent's injury shall be

furnished a copy of such statement within 45 days after request.  Any person eligible

for payments shall immediately be furnished with a copy of the written or

recorded statement following a denial of the claim.  A copy shall be furnished

at the expense of the party to whom the statement was given.

(b)  If any party fails to comply with this Rule, a

Commissioner or Deputy Commissioner shall enter an order prohibiting that party

from introducing the statement into evidence or using any part of the

statement.

 

History Note:        Authority G.S. 143-166.4;

Eff. August 1, 1979;

Amended Eff. July 1, 2014.

 

04 NCAC 10H .0205          REVIEW BY THE FULL COMMISSION

(a)  A party may request a review of an award filed by a

Deputy Commissioner in an action pursuant to Article 12A of Chapter 143 of the

General Statutes by filing a letter expressing a request for review to the Full

Commission within 15 days of receipt of the award.  The award is binding on the

parties if not appealed.

(b)  After receipt of notice of review, the Commission shall

supply to the appellant and to the appellee a transcript of the record upon

which the award is based and from which a review is being taken to the Full

Commission. The appellant shall, within ten days of receipt of transcript of

the record, file with the Commission a written statement of the particular

grounds for the appeal, with service on all opposing parties.

(c)  Grounds for review not set forth are deemed to be

abandoned and argument thereon shall not be heard before the Full Commission.

(d)  When a review is made to the Full Commission, the appellant's

brief, if any, in support of his ground for appeal shall be filed with the

Commission, with service on all opposing parties no less than 15 days prior to

the hearing on review.  The appellee shall have five days in which to file a

reply brief, if deemed necessary, with the Commission, with service on all

opposing parties.

(e)  Any motions by either party shall be filed with the Full

Commission, with service on all opposing parties.

(f)  Upon the request of a party, or its own motion, the

Commission may waive oral arguments in the interests of justice or to promote

judicial economy.  In the event of such waiver, the Full Commission shall file

an award based on the record and briefs.

 

History Note:        Authority G.S. 143-166.4;

Eff. August 1, 1979;

Amended Eff. July 1, 2014.

 

04 NCAC 10H .0206          WaIVER of Rules

In the interests of justice or to promote judicial economy

the Commission may, except as otherwise provided by the rules in this

Subchapter, waive or vary the requirements or provisions of any of the rules in

this Subchapter in a case pending before the Commission upon written

application of a party or upon its own initiative only if the employee is not

represented by counsel.  Factors the Commission shall use in determining whether

to grant the waiver are:

(1)           the necessity

of a waiver;

(2)           the party's

responsibility for the conditions creating the need for a waiver;

(3)           the party's

prior requests for a waiver;

(4)           the precedential

value of such a waiver;

(5)           notice to and

opposition by the opposing parties; and

(6)           the harm to the

party if the waiver is not granted.

 

History Note:        Authority G.S. 97-80(a); 143-166.4;

Eff. July 1, 2014.