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Section .0100 – Administration


Published: 2015

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Subchapter 10C - North Carolina Industrial Commission Rules

for Utilization of Rehabilitation Professionals in Workers' Compensation Claims

 

SECTION .0100 – ADMINISTRATION

 

04 NCAC 10C .0101          APPLICABILTY OF THE RULES

(a)  The rules in this Subchapter apply to:

(1)           cases in which the employer is obligated to

provide medical compensation, and the injured worker is obligated to accept

medical compensation under the Workers' Compensation Act, or in which such

compensation is provided by agreement, and during any period when the employer

is paying temporary total disability benefits without prejudice in accordance

with G.S. 97-18(d); and

(2)           any rehabilitation professional as defined

in Item (1) of Rule .0103 of this Subchapter, who is assigned under the

Workers' Compensation Act and approved by the Commission pursuant to Rule .0105

of this Subchapter.

(b)  Any rehabilitation professional who is not assigned

under the Workers' Compensation Act and approved by the Commission pursuant to

Rule .0105 of this Subchapter must disclose his or her role to the health care

provider at the time of the initial contact and any other person from whom the

non-approved rehabilitation professional seeks information about the case.

 

History Note:        Authority G.S. 97-18(d); 97-25.4; 97-25.5;

97-32.2; 97-80;

Eff. January 1, 1996;

Recodified from 04 NCAC 10C .0103, Eff. April 17, 2000;

Amended Eff. November 1, 2014; June 1, 2000.

04 NCAC 10C .0102          PURPOSE OF THE

RULES

 

History Note:        Authority G.S. 97-25.4;

Eff. January 1, 1996;

Repealed Eff. November 1, 2014.

 

04 NCAC 10C .0103          DEFINITIONS

As used in this Subchapter:

(1)           "Rehabilitation professional" means a

medical case manager, a coordinator of medical rehabilitation services, or a

vocational rehabilitation professional providing vocational rehabilitation

services, including state, private, or carrier based, whether on site, telephonic,

or in or out of state. Physical therapists, occupational therapists, speech

therapists, and other direct care providers are not rehabilitation

professionals under the Rules in this Subchapter.

(2)           "Medical rehabilitation" means the

planning and coordination of health care services by a medical case manager or

coordinator, with the goal of assisting an injured worker to be restored as

nearly as possible to the worker's pre-injury level of physical function. 

Medical case management includes:

(a)           case assessment;

(b)           development, implementation and coordination

of a care plan with health care providers, the worker, and his or her family;

(c)           evaluation of treatment results;

(d)           planning for community re-entry and return

to work; and

(e)           referral for further vocational

rehabilitation services.

(3)           "Vocational rehabilitation" means the

delivery and coordination of services under an individualized written plan,

with the goal of assisting the injured worker to return to suitable employment

or participate in education or retraining, as defined by Item (5) of this Rule

or applicable statute.

(4)           "Return to work" means placement of the

injured worker into suitable employment, as defined by Item (5) of this Rule or

applicable statute.

(5)           For claims arising before June 24, 2011,

"suitable employment" means employment in the labor market or

self-employment that is reasonably attainable and that offers an opportunity to

restore the worker as soon as possible and as nearly as practicable to

pre-injury wage, while giving due consideration to the worker's qualifications

(age, education, work experience, physical and mental capacities), impairment,

vocational interests, and aptitudes.  No one factor shall be considered solely

in determining suitable employment.  For claims arising on or after June 24,

2011, the statutory definition of "suitable employment," G.S.

97-2(22), applies.

(6)           "Conditional rehabilitation professional"

means a rehabilitation professional who has not met the requirements for

qualified rehabilitation professionals under of Rule .0105(d) of this

Subchapter and who desires to provide services as a rehabilitation professional

in cases subject to the rules in this Subchapter.

 

History Note:        Authority G.S. 97-2(22); 97-25.4;

97-25.5; 97-32.2; 97-80;

Eff. January 1, 1996;

Recodified from 04 NCAC 10C .0101 Eff. April 17, 2000;

Amended Eff. November 1, 2014; June 1, 2000.

 

04 NCAC 10C .0104          GOALS OF REHABILITATION

 

History Note:        Authority G.S. 97-25.4;

Eff. January 1, 1996;

Repealed Eff. June 1, 2000.

 

04 NCAC 10C .0105          QUALIFICATIONS REQUIRED

(a)  Rehabilitation professionals in cases subject to the rules

in this Subchapter shall follow the Code of Ethics specific to their certification

as well as any statutes specific to their occupation.

(b)  Rehabilitation professionals who are Registered Nurses providing

medical rehabilitation services in North Carolina must have a North Carolina

license to practice and are subject to the requirements of the North Carolina

Nursing Practice Act.  Rehabilitation professionals who are Registered Nurses

providing medical rehabilitation services outside North Carolina must have a

license to practice in the state in which the medical care is provided.

(c)  To provide medical rehabilitation services and

vocational rehabilitation services in cases subject to the Rules in this

Subchapter, rehabilitation professionals must either be a qualified

rehabilitation professional or a conditional rehabilitation professional as set

forth in this Rule.

(d)  To qualify as a qualified rehabilitation professional,

a rehabilitation professional must:

(1)           possess one of the following

certifications:

(A)          Certified Rehabilitation Counselor (CRC), as

certified by the Commission on Rehabilitation Counselor Certification;

(B)          Certified Registered Rehabilitation Nurse (CRRN), as

certified by the Rehabilitation Nursing Certification Board;

(C)          Certified Disability Management Specialist (CDMS),

as certified by the Certification of Disability Management Specialists

Commission;

(D)          Certified Vocational Evaluator (CVE), as certified

by the Commission on Rehabilitation Counselor Certification;

(E)           Certified Occupational Health Nurse-Specialist

(COHN-S), as certified by the American Board of Occupational Health Nurses;

(F)           Certified Occupational Health Nurse (COHN), as

certified by the American Board of Occupational Health Nurses;

(G)          Orthopaedic Nurse Certified (ONC), as certified by

the Orthopaedic Nurses Certification Board; or

(H)          Certified Case Manager (CCM), as certified by the

Commission for Case Manager Certification; or

(2)           have prior employment within the North

Carolina Department of Health and Human Services as a vocational rehabilitation

provider.

(e)  A qualified rehabilitation professional must also: 

(1)           possess two years of full-time work

experience, or its equivalent, in workers' compensation case management, where

at least 30 percent of the rehabilitation professional's time was spent

managing medical or vocational rehabilitation services to persons with

disabling conditions or diseases within the past 15 years; and

(2)           complete the comprehensive course entitled,

"Workers' Compensation Case Management in NC:  A Basic Primer for

Medical and Vocational Case Managers," provided by the Commission or

the International Association of Rehabilitation Professionals of the Carolinas.

(f)  To maintain "qualified" status, a

rehabilitation professional shall attend a two-hour refresher course every five

years, beginning with the date of the original course completion. 

Rehabilitation professionals who completed the course in its pilot phase prior

to March 17, 2011 have until July 1, 2016 to meet the refresher program

mandate.

(g)  Effective July 1, 2013, any rehabilitation professional

on the Commission's Registry of Workers' Compensation Rehabilitation

Professionals who does not hold a certificate of completion for the mandated

course shall lose "qualified" rehabilitation professional status and

may work as a conditional rehabilitation professional under supervision of a

qualified rehabilitation professional for no longer than six months before

completing the required course.

(h)  After July 1, 2013, any rehabilitation professional who

begins providing rehabilitation services in cases subject to the Rules in this

Subchapter shall have six months to obtain a certificate of completion of the

mandated course. 

(i)  The Commission shall oversee the implementation and

ongoing administration of the mandated course and training.

(j)  Conditional rehabilitation professionals permitted to

provide services in cases subject to the rules in this Subchapter include: 

(1)           individuals who possess one of the

certifications for qualified rehabilitation professionals listed in Subparagraph

(d) and (e) of this Rule, but who do not possess the workers' compensation case

management experience required by the rules in this Subchapter;

(2)           individuals with a post-baccalaureate

degree in a health-related field from an institution accredited by an agency

recognized by the United States Department of Education and one year of

experience providing rehabilitation services to persons with disabling

conditions or diseases;

(3)           individuals with a baccalaureate degree in

a health-related field from an institution accredited by an agency recognized

by the United States Department of Education and two years of experience

providing rehabilitation services to individuals with disabling conditions or

diseases; and

(4)           individuals with current North Carolina

licensure as a registered nurse and three years of experience in clinical

nursing providing care for adults with disabling conditions and diseases.

(k)  To provide services as a rehabilitation professional in

cases subject to the rules in this Subchapter, a conditional rehabilitation

professional must work under the direct supervision of a qualified

rehabilitation professional, who shall ensure that the conditional

rehabilitation professional's work meets the requirements of the rules in this Subchapter

and any applicable statute, and whose name, address and telephone number shall

be on all documents identifying the conditional rehabilitation professional.

(l)  As used in this Rule, direct supervision includes

regular case review between the conditional rehabilitation professional and the

qualified rehabilitation professional supervisor, review by the qualified

rehabilitation professional supervisor of all reports, and periodic meetings

that occur at least on a quarterly basis.

(m)  A rehabilitation professional may maintain conditional

rehabilitation professional status for a period of two years only. To continue

providing services as a rehabilitation professional in cases subject to the rules

in this Subchapter beyond the two year period, the conditional rehabilitation

professional must obtain the qualifications for a qualified rehabilitation

professional listed under Paragraph (d) of this Rule.

(n)  Rehabilitation professionals shall, upon request,

provide a resume of their qualifications and credentials during initial

meetings with parties and health care providers.

 

History Note:        Authority G.S. 97-25.4; 97-32.2; 97-25.5;

97-80;

Eff. January 1, 1996;

Amended Eff. November 1, 2014; June 1, 2000.

 

04 NCAC 10C .0106          PROFESSIONAL RESPONSIBILITY OF THE

REHABILITATION PROFESSIONAL IN WORKERS' COMPENSATION CLAIMS

(a)  A rehabilitation professional shall exercise

independent professional judgment in making and documenting recommendations for

medical and vocational rehabilitation for an injured worker, including any

alternatives for medical treatment and cost-effective return-to-work options. 

It is not the role of the rehabilitation professional to direct medical care.

(b)  A rehabilitation professional shall inform the parties

of his or her assignment and role in the case.  Upon assignment, a

rehabilitation professional shall disclose to health care providers and the

parties any possible conflict of interest, including any compensation and the

carrier's or employer's ownership of or affiliation with the rehabilitation

professional.

(c)  Subject to the provisions for medical care and

treatment set forth in the Workers' Compensation Act, the medical

rehabilitation professional may explain medical information to the worker and

shall discuss with the worker all treatment options appropriate to the worker's

conditions, but shall not advocate any one source for treatment or change in treatment.

(d)  As case consultants or expert witnesses, rehabilitation

professionals shall provide unbiased, objective opinions.  The limits of their

relationships shall be defined through written or oral means in accordance with

the following, applicable professional codes of ethics or professional conduct,

which are hereby incorporated by reference, including subsequent amendments and

editions:

(1)           for Certified Rehabilitation Counselors and

Certified Vocational Evaluators, the Commission on Rehabilitation Counselor

Certification Code of Professional Ethics;

(2)           for Certified Registered Rehabilitation

Nurses and Orthopaedic Nurse Certifieds, the Code of Ethics for Nurses;

(3)           for Certified Disability Management

Specialists, the Certification of Disability Management Specialists Commission

Code of Professional Conduct;

(4)           for Certified Occupational Health Nurses

and Certified Occupational Health Nurse-Specialists, the American Association

of Occupational Health Nurses, Inc. Code of Ethics; and

(5)           for Certified Case Managers, the Code of

Professional Conduct for Case Managers.

(e)  Copies of the codes of ethics or professional conduct

listed in Subparagraphs (d)(1) through (d)(5) of this Rule may be obtained at

no cost, either upon request at the offices of the Commission, located in the

Dobbs Building, 430 North Salisbury Street, Raleigh, North Carolina, between

the hours of 8:00 a.m. and 5:00 p.m., or at one of the following applicable

websites:

(1)           for Certified Rehabilitation Counselors and

Certified Vocational Evaluators, the Commission on Rehabilitation Counselor

Certification Code of Professional Ethics),

http://www.crccertification.com/filebin/pdf/CRCCodeOfEthics.pdf;

(2)           for Certified Registered Rehabilitation

Nurses and Orthopaedic Nurse Certifieds, the Code of Ethics for Nurses,

http://www.nursingworld.org/MainMenuCategories/EthicsStandards/CodeofEthicsforNurses/Code-of-Ethics.pdf;

(3)           for Certified Disability Management

Specialists, the Certification of Disability Management Specialists Commission

Code of Professional Conduct, http://new.cdms.org/docs/CDMS%20Code%20of%20Professional%20Conduct%2008012011.pdf;

(4)           for Certified Occupational Health Nurses

and Certified Occupational Health Nurse-Specialists, the American Association

of Occupational Health Nurses, Inc. Code of Ethics,https://www.aaohn.org/dmdocuments/Code_of_Ethics_2009.pdf;

and

(5)           for Certified Case Managers, the Code of

Professional Conduct for Case Managers

http://www.ccmcertification.org/sites/default/files/downloads/2012/CCMC_Code _

of_Conduct%202-22-12.pdf.

(f)  Rehabilitation professionals shall practice only within

the boundaries of their competence, based on their education, training,

professional experience, and other professional credentials.

(g)  A rehabilitation professional shall not conduct or

assist any party in claims negotiation or investigative activities.

(h)  A rehabilitation professional shall not advise the

worker as to any legal matter including claims settlement options or

procedures, monetary evaluation of claims, or the applicability to the worker

of benefits of any kind under the Workers' Compensation Act during his or her

assignment in the case.  The rehabilitation professional shall advise the non-represented

worker to direct such questions to the Information Specialists at the

Commission, and the represented worker to direct questions to his or her

attorney.

(i)  Rehabilitation professionals shall not accept any

compensation or reward from any source as a result of settlement.

 

History Note:        Authority G.S. 97-25.4; 97-25.5; 97-32.2;

97-80;

Eff. January 1, 1996;

Amended Eff. November 1, 2014; June 1, 2000.

 

04 NCAC 10C .0107          COMMUNICATION

(a)  The insurance carrier shall notify the Commission and

all parties on a Form 25N Notice to the Commission of Assignment of

Rehabilitation Professional when a rehabilitation professional is assigned

to a case and identify the purpose of the rehabilitation involvement.

(b)  At the initial meeting, the rehabilitation professional

shall provide the injured worker with a copy of the Rules in this Subchapter,

and shall inform the injured worker that the rehabilitation professional is

required to share relevant medical and vocational rehabilitation information

with the employer and insurance carrier and that the rehabilitation

professional may be compelled to testify regarding any information obtained.

(b)  The rehabilitation professional shall timely inform

injured workers that the Rehabilitation Professional will share relevant and

material information with the employer and insurance carrier and that the

Rehabilitation Professional may be compelled to testify regarding any

information obtained.

(c)  In cases where the employer is paying medical

compensation to a provider rendering treatment under the Workers' Compensation

Act, the injured worker, if requested by a rehabilitation professional, shall

sign a Form 25C Authorization for Rehabilitation Professional to Obtain

Medical Records of Current Treatment authorizing the rehabilitation

professional to obtain records of the current treatment.

(d)  The rehabilitation professional shall provide copies of

all correspondence and reports contemporaneously to all parties by the same

mode of transmission.

(e)  In preparing written and oral reports, the rehabilitation

professional shall present only information relevant and material to the worker's

medical rehabilitation and vocational rehabilitation and shall make every

effort to avoid invasion of the worker's privacy.

(f)  The rehabilitation professional shall make periodic

written reports documenting accurately and completely the substance of all

activity in the case, including rehabilitation activity.  The rehabilitation

professional shall furnish a worker who is unrepresented by counsel with a copy

of each periodic report, or, in the alternative, the rehabilitation

professional shall advise the worker either orally or in writing (at least as

often as reports are produced) as to the plan for and progress of the case, and

that the worker has the right to request a copy of the reports under 04 NCAC

10A .0607.

(g)  Frequency and timing of periodic reports shall be

determined at the time of referral and shall depend on the type of service

provided. Communication of activity to all parties by telephone, facsimile,

electronic media, or letter must occur when information relevant to the

rehabilitation process is obtained, changes or revisions are recommended or

occur in medical or vocational treatment plans, or on any other occasion when

the worker's understanding and cooperation is critical to the implementation of

the rehabilitation plan.

(h)  If requested by the injured worker or his or her

attorney, the initial meeting of the injured worker and rehabilitation

professional shall take place at the office of the worker's attorney and shall

occur within 20 days of the request.

(i)  The rehabilitation professional may coordinate

activities with the injured worker's attorney, and, at the employer or

carrier's discretion, with the defense attorney.

(j)  If the rehabilitation professional believes the injured

worker is not complying with the provision of rehabilitation services, the

rehabilitation professional shall detail in writing the actions that the

rehabilitation professional believes the injured worker is required to take to

return to compliance.  In determining whether the injured worker is in

compliance with the provision of rehabilitation services, the rehabilitation

professional shall rely on his or her independent professional judgment and

training and shall focus on the overall effect that the worker's actions or

inactions are having on the rehabilitation goals.

 

History Note:        Authority G.S. 97-25.4; 97-25.5, 97-32.2,

97-2(19), 97-80;

Eff. January 1, 1996;

Amended Eff. November 1, 2014; June 1, 2000.

 

04 NCAC 10C .0108          INTERACTION WITH PHYSICIANS

(a)  At the initial visit with a physician the rehabilitation

professional shall provide identification in the form of a company

identification or business card and explain the rehabilitation professional's role

in the case.

(b)  In all cases, the rehabilitation professional shall

advise the worker that the worker has the right to a private examination by the

health care provider outside of the presence of the rehabilitation professional. 

If the worker prefers, he or she may request that the rehabilitation

professional accompany him or her during the examination.  However, if the

worker or the worker's attorney notifies the rehabilitation professional in

writing that the worker desires a private examination, no subsequent waiver of

that right shall be effective unless the waiver is made in writing by the

worker or, if represented, by the worker's attorney.

(c)  If the rehabilitation professional needs to have an

in-person conference with the physician following an examination, the rehabilitation

professional shall reserve with the physician sufficient appointment time for the

conference.  The worker shall be offered the opportunity to attend the conference

with the physician.  If the worker or the physician does not consent to a joint

conference, or if in the physician's opinion it is medically contraindicated

for the worker to participate in the conference, the rehabilitation

professional shall note this in his or her report, may communicate directly

with the physician, and shall report the substance of the communication.

(d)  When the rehabilitation professional determines that it

is necessary to communicate with a physician other than at a joint meeting, the

rehabilitation professional shall first notify the injured worker, or his or

her attorney if represented, of the rehabilitation professional's intent to

communicate and the reasons therefore.  The rehabilitation professional is not required

to obtain the injured worker's or his or her attorney's prior consent if:

(1)           The communication is limited to scheduling

issues or requests for time-sensitive medical records;

(2)           A medical emergency is involved;

(3)           The injured worker's health or medical

treatment would either be adversely affected by a delay or benefited by

immediate action;

(4)           The communication is limited to advising

the physician of the employer or carrier approval for recommended testing or

treatment;

(5)           The injured worker or attorney has

consented to the communications;

(6)           The communication is initiated by the

physician; or

(7)           The injured worker failed to show up for a

scheduled appointment or arrived at a time other than the scheduled appointment

time.

When a rehabilitation professional communicates with a

physician without the prior consent or presence of the injured worker, the rehabilitation

professional must document the reasons for and the substance of the

communication and report the reasons and substance to the injured worker or his

or her attorney, if represented, pursuant to Rule .0106 of this Subchapter.

(e)  The following requirements apply to interactions

regarding impairment ratings, independent medical examinations, second opinions

or consults:

(1)           When a party or health care provider

requests a consult, second opinion, or independent medical examination that is

authorized or ordered, the rehabilitation professional may, if requested,

assemble and forward medical records and information, schedule and coordinate

an appointment, and, if the worker consents, have a joint meeting with the

health care provider and the worker after a private exam.

(2)           When any such exam is requested by the

carrier, the worker shall receive at least 10 calendar days' notice of the

appointment unless the parties agree otherwise or unless otherwise required by

statute.

(f)  The rehabilitation professional shall simultaneously

send to the parties copies of all written communications with health care providers

and shall accurately and completely record and report all oral communications.

 

History Note:        Authority G.S. 97-25.4; 97-25.5; 97-32.2;

97-80;

Eff. January 1, 1996;

Amended Eff. November 1, 2014; June 1, 2000.

 

04 NCAC 10C .0109          VOCATIONAL REHABILITATION SERVICES AND

RETURN TO WORK

(a)  When performing the vocational assessment and

formulating and drafting the individualized written rehabilitation plan for the

employee required by G.S. 97-32.2(c), the vocational rehabilitation

professional shall follow G.S. 97-32.2.

(b)  Job placement activities may not be commenced until

after a vocational assessment and an individualized written rehabilitation plan

for vocational rehabilitation services specifying the goals and the priority

for return-to-work options have been completed in the case in accordance with

G.S. 97-32.2.  Job placement activities shall be directed as defined by Rule .0103(5)

of this Subchapter or by applicable statute.

(c)  Return-to-work options should be considered in the

following order of priority:

(1)           current job, current employer;

(2)           new job, current employer;

(3)           on-the-job training, current employer;

(4)           new job, new employer;

(5)           on-the-job training, new employer;

(6)           formal education or vocational training to

prepare the worker for a job with current or new employer; and

(7)           self-employment, only when its feasibility

is documented with reference to the employee's aptitudes and training, adequate

capitalization, and market conditions.

(d)  When an employee requests retraining or education as

permitted in G.S. 97-32.2(a), the vocational rehabilitation professional shall

provide a written assessment of the employee's request that includes an

evaluation of:

(1)           the retraining or education requested;

(2)           the availability, location, cost, and

identity of providers of the requested retraining or education;

(3)           the likely duration until completion of the

requested retraining or education, the number of credits needed to complete the

retraining or education, the course names and schedules for the retraining or education,

and identification of which courses are available on-line versus in person;

(4)           the current or projected availability of

employment upon completion of the requested retraining or education; and

(5)           the anticipated pay range for employment

upon completion of the requested retraining or education.

(e)  The rehabilitation professional shall obtain a list of

work restrictions from the health care provider that addresses the demands of

any proposed employment.  If ordered by a physician, the rehabilitation

professional shall schedule an appointment with a third party provider to

evaluate an injured employee's functional capacity, physical capacity, or

impairments to work.

(f)  The rehabilitation professional shall refer the worker

only to opportunities for suitable employment, as defined by Rule .0103(5) of

this Subchapter or by applicable statute.

(g)  If the, rehabilitation professional intends to utilize

written or videotaped job descriptions in the return-to-work process, the

rehabilitation professional shall provide a copy of the description to all

parties for review before the job description is provided to the doctor.  The

employee or the employee's attorney shall have seven business days from the

mailing of the job description to notify the rehabilitation professional, all

parties, and the physician of any objections or amendments thereto.  The job

description and the objections or amendments, if any, shall be submitted to the

physician simultaneously.  This process shall be expedited when job

availability is critical.  This waiting period does not apply if the employee

or the employee's attorney has given prior approval to the job description.

(h)  In preparing written job descriptions, the

rehabilitation professional shall utilize standards including, but not limited

to, the Dictionary of Occupational Titles and the Handbook for Analyzing Jobs

published by the United States Department of Labor. These standards can be

accessed at no cost at http://www.oalj.dol.gov/LIBDOT.HTM and www.wopsr.net/etc/dot/RHAJ.pdf,

respectively.  The Handbook for Analyzing Jobs may also be purchased from major

online booksellers for approximately eighty-five dollars ($85.00).

(i)  The rehabilitation professional may conduct follow-up

after job placement to verify the appropriateness of the job placement.

(j)  The rehabilitation professional shall not initiate or

continue placement activities that do not appear reasonably likely to result in

placement of the injured worker in suitable employment.  The rehabilitation

professional shall report to the parties when efforts to initiate or continue

placement activities do not appear reasonably likely to result in placement of

the injured worker in suitable employment.

 

History Note:        Authority G.S. 97-2(22); 97-25.5;

97-32.2; S.L. 2014-77, s. 6(4);

Eff. January 1, 1996;

Amended Eff. November 1, 2014; June 1, 2000.

 

04 NCAC 10C .0110          CHANGE OF REHABILITATION PROFESSIONAL

(a)  By agreement or stipulation of the parties, the

rehabilitation professional may be changed.

(b)  A rehabilitation professional may be removed from a

case upon motion by either party or by the Commission for good cause.  The

motion shall be filed with the Executive Secretary's Office and served upon all

parties and the rehabilitation professional.  Any party or the rehabilitation

professional may file a response to the motion within 10 days. 

(c)  A party or the rehabilitation professional may request

reconsideration of a ruling or appeal from an order as provided in 04 NCAC 10A

.0702 or pursuant to G.S. 97-83 and G.S. 97-84.

 

History Note:        Authority G.S. 97-25.4; 97-25.5; 97-32.2;

97-80; 97-83; 97-84;

Eff. January 1, 1996;

Amended Eff. November 1, 2014; June 1, 2000.

 

SECTION .0200 – RULES OF THE COMMISSION

 

04 NCAC 10C .0201          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. 97-25.4; 97-80;

Eff. November 1, 2014.