section .0500 – agreements

 

04 NCAC 10A .0501          Agreements for Prompt Payment of

Compensation

(a)  To facilitate the payment of compensation within the

time prescribed in G.S. 97-18, the Commission shall accept memoranda of

agreements on Commission forms.

(b)  No agreement for permanent disability shall be approved

until the relevant medical and vocational records known to exist in the case

have been filed with the Commission.  When requested by the Commission, the

parties shall file any additional documentation necessary to determine whether

the employee is receiving the disability compensation to which he or she is

entitled and that an employee qualifying for disability compensation under G.S.

97-29 or G.S. 97-30, and G.S. 97-31 has the benefit of the more favorable

remedy.

(c)  All memoranda of agreements shall be submitted to the Commission.

 Agreements conforming to the provisions of the Workers' Compensation Act shall

be approved by the Commission and a copy returned to the employer, carrier, or

administrator, and a copy sent to the employee, unless amended by an award, in

which event the Commission shall return the award with the agreement.

(d)  The employer, carrier, administrator, or the attorney

of record, if any, shall provide the employee's attorney of record or the

employee, if unrepresented, a copy of a Form 21 Agreement for Compensation

for Disability, a Form 26 Supplemental Agreement as to Payment of

Compensation, a Form 26D Agreement for Payment of Unpaid Compensation in

Unrelated Death Cases, and a Form 30 Agreement for Compensation for

Death, when the employee or appropriate beneficiary signs the forms.

(e)  All memoranda of agreements for cases that are

calendared for hearing before a Commissioner or Deputy Commissioner shall be

sent directly to that Commissioner or Deputy Commissioner.  Before a case is

calendared, or once a case has been continued or removed, or after the filing

of an Opinion and Award, all memoranda of agreements shall be directed to the

Claims Section of the Commission.

(f)  After the employer, carrier, or administrator has

received a memorandum of agreement that has been signed by the employee and the

employee's attorney of record, if any, the employer, carrier, or administrator

has 20 days within which to submit the memorandum of agreement to the

Commission for review and approval or within which to show cause for not

submitting the memorandum of agreement signed only by the employee.

 

History Note:        Authority G.S. 97-18; 97-80(a); 97-82;

Eff. January 1, 1990;

Amended Eff. November 1, 2014; August 1, 2006;