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Repealed Eff.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.