section .0500 – agreements
04 NCAC 10A .0501 Agreements for Prompt Payment of
(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
(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;