Chapter 97 - Workers' Compensation Act.

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Chapter 97
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Article 1 - Workers' Compensation Act.
G.S. 97-1
§ 97-1. Short title.
G.S. 97-1.1
§ 97-1.1. References to workmen's compensation.
G.S. 97-2
§ 97-2. Definitions.
G.S. 97-3
§ 97-3. Presumption that all employers and employees have come under provisions of Article.
G.S. 97-4
§ 97-4: Repealed by Session Laws 1973, c. 1291, s. 2.
G.S. 97-5
§ 97-5. Presumption as to contract of service.
G.S. 97-5.1
§ 97-5.1. Presumption that taxicab drivers are independent contractors.
G.S. 97-6
§ 97-6. No special contract can relieve an employer of obligations.
G.S. 97-6.1
§ 97-6.1: Repealed by 1991 (Regular Session, 1992), c. 1021, s. 4.
G.S. 97-7
§ 97-7. State or subdivision and employees thereof.
G.S. 97-8
§ 97-8. Prior injuries and deaths unaffected.
G.S. 97-9
§ 97-9. Employer to secure payment of compensation.
G.S. 97-10
§ 97-10. Repealed by Session Laws 1959, c. 1324.
G.S. 97-10.1
§ 97-10.1. Other rights and remedies against employer excluded.
G.S. 97-10.2
§ 97-10.2. Rights under Article not affected by liability of third party; rights and remedies against third parties.
G.S. 97-10.3
§ 97-10.3. Minors illegally employed.
G.S. 97-11
§ 97-11. Employer not relieved of statutory duty.
G.S. 97-12
§ 97-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.
G.S. 97-12.1
§ 97-12.1. Willful misrepresentation in applying for employment.
G.S. 97-13
§ 97-13. Exceptions from provisions of Article.
G.S. 97-14 through 97-16
§§ 97-14 through 97-16. Repealed by Session Laws 1973, c. 1291, ss. 7-9.
G.S. 97-17
§ 97-17. Settlements allowed in accordance with Article.
G.S. 97-18
§ 97-18. Prompt payment of compensation required; installments; payment without prejudice; notice to Commission; penalties.
G.S. 97-18.1
§ 97-18.1. Termination or suspension of compensation benefits.
G.S. 97-19
§ 97-19. Liability of principal contractors; certificate that subcontractor has complied with law; right to recover compensation of those who would have been liable; order of liability.
G.S. 97-19.1
§ 97-19.1. Truck, tractor, or truck tractor trailer driver's status as employee or independent contractor.
G.S. 97-20
§ 97-20. Priority of compensation claims against assets of employer.
G.S. 97-21
§ 97-21. Claims unassignable and exempt from taxes and debts; agreement of employee to contribute to premium or waive right to compensation void; unlawful deduction by employer.
G.S. 97-22
§ 97-22. Notice of accident to employer.
G.S. 97-23
§ 97-23. What notice is to contain; defects no bar; notice personally or by registered letter or certified mail.
G.S. 97-24
§ 97-24. Right to compensation barred after two years; destruction of records.
G.S. 97-25
§ 97-25. Medical treatment and supplies.
G.S. 97-25.1
§ 97-25.1. Limitation of duration of medical compensation.
G.S. 97-25.2
§ 97-25.2. Managed care organizations.
G.S. 97-25.3
§ 97-25.3. Preauthorization.
G.S. 97-25.4
§ 97-25.4. Utilization guidelines for medical treatment.
G.S. 97-25.5
§ 97-25.5. Utilization guidelines for vocational and other rehabilitation.
G.S. 97-25.6
§ 97-25.6. Reasonable access to medical information.
G.S. 97-26
§ 97-26. Fees allowed for medical treatment; malpractice of physician.
G.S. 97-26.1
§ 97-26.1. Fees for medical records and reports; expert witnesses; communications with health care providers.
G.S. 97-26.2
§ 97-26.2. Reimbursement for prescription drugs, prescribed over-the-counter drugs, and professional pharmaceutical services.
G.S. 97-27
§ 97-27. Medical examination; facts not privileged; refusal to be examined suspends compensation; other medical opinions; autopsy.
G.S. 97-28
§ 97-28. Seven-day waiting period; exceptions.
G.S. 97-29
§ 97-29. Rates and duration of compensation for total incapacity.
Modified by:
G.S. 97-29.1
§ 97-29.1. Increase in payments in cases for total and permanent disability occurring prior to July 1, 1973.
G.S. 97-30
§ 97-30. Partial incapacity.
G.S. 97-31
§ 97-31. Schedule of injuries; rate and period of compensation.
G.S. 97-31.1
§ 97-31.1. Effective date of legislative changes in benefits.
G.S. 97-32
§ 97-32. Refusal of injured employee to accept suitable employment as suspending compensation.
G.S. 97-32.1
§ 97-32.1. Trial return to work.
G.S. 97-32.2
§ 97-32.2. Vocational rehabilitation.
G.S. 97-33
§ 97-33. Prorating in event of earlier disability or injury.
G.S. 97-34
§ 97-34. Employee receiving an injury when being compensated for former injury.
G.S. 97-35
§ 97-35. How compensation paid for two injuries; employer liable only for subsequent injury.
G.S. 97-36
§ 97-36. Accidents taking place outside State; employees receiving compensation from another state.
G.S. 97-37
§ 97-37. Where injured employee dies before total compensation is paid.
G.S. 97-38
§ 97-38. Where death results proximately from compensable injury or occupational disease; dependents; burial expenses; compensation to aliens; election by partial dependents.
G.S. 97-39
§ 97-39. Widow, widower, or child to be conclusively presumed to be dependent; other cases determined upon facts; division of death benefits among those wholly dependent; when division among partially dependent.
G.S. 97-40
§ 97-40. Commutation and payment of compensation in absence of dependents; "next of kin" defined; commutation and distribution of compensation to partially dependent next of kin; payment in absence of both dependents and next of kin.
G.S. 97-40.1
§ 97-40.1. Second Injury Fund.
G.S. 97-41
§ 97-41. Repealed by Session Laws 1973, c. 1308, s. 5.
G.S. 97-42
§ 97-42. Deduction of payments.
G.S. 97-42.1
§ 97-42.1. Credit for unemployment benefits.
G.S. 97-43
§ 97-43. Commission may prescribe monthly or quarterly payments.
G.S. 97-44
§ 97-44. Lump sums.
G.S. 97-45
§ 97-45. Reducing to judgment outstanding liability of insurance carriers withdrawing from State.
G.S. 97-46
§ 97-46. Lump sum payments to trustee; receipt to discharge employer.
G.S. 97-47
§ 97-47. Change of condition; modification of award.
G.S. 97-47.1
§ 97-47.1. Payment without prejudice; limitations period.
G.S. 97-48
§ 97-48. Receipts relieving employer; payment to minors; when payment of claims to dependents subsequent in right discharges employer.
G.S. 97-49
§ 97-49. Benefits of mentally incompetent or minor employees under 18 may be paid to a trustee, etc.
G.S. 97-50
§ 97-50. Limitation as against minors or mentally incompetent.
G.S. 97-51
§ 97-51. Joint employment; liabilities.
G.S. 97-52
§ 97-52. Occupational disease made compensable; "accident" defined.
G.S. 97-53
§ 97-53. (See editor's note on condition precedent) Occupational diseases enumerated; when due to exposure to chemicals.
G.S. 97-54
§ 97-54. "Disablement" defined.
G.S. 97-55
§ 97-55. "Disability" defined.
G.S. 97-56
§ 97-56. Limitation on compensable diseases.
G.S. 97-57
§ 97-57. Employer liable.
G.S. 97-58
§ 97-58. Time limit for filing claims.
G.S. 97-59
§ 97-59. Employer to pay for treatment.
G.S. 97-60
§ 97-60: Repealed by Session Laws 2003-284, s. 10.33(a), effective July 1, 2003.
G.S. 97-61
§ 97-61. Rewritten as §§ 97-61.1 to 97-61.7.
G.S. 97-61.1
§ 97-61.1. First examination of and report on employee having asbestosis or silicosis.
G.S. 97-61.2
§ 97-61.2. Filing of first report; right of hearing; effect of report as testimony.
G.S. 97-61.3
§ 97-61.3. Second examination and report.
G.S. 97-61.4
§ 97-61.4. Third examination and report.
G.S. 97-61.5
§ 97-61.5. Hearing after first examination and report; removal of employee from hazardous occupation; compensation upon removal from hazardous occupation.
G.S. 97-61.6
§ 97-61.6. Hearing after third examination and report; compensation for disability and death from asbestosis or silicosis.
G.S. 97-61.7
§ 97-61.7. Waiver of right to compensation as alternative to forced change of occupation.
G.S. 97-62
§ 97-62. "Silicosis" and "asbestosis" defined.
G.S. 97-63
§ 97-63. Period necessary for employee to be exposed.
G.S. 97-64
§ 97-64. General provisions of act to control as regards benefits.
G.S. 97-65
§ 97-65. Reduction of rate where tuberculosis develops.
G.S. 97-66
§ 97-66. Claim where benefits are discontinued.
G.S. 97-67
§ 97-67. Postmortem examinations; notice to next of kin and insurance carrier.
G.S. 97-68
§ 97-68. Controverted medical questions.
G.S. 97-69
§ 97-69. Examination by advisory medical committee; inspection of medical reports.
G.S. 97-70
§ 97-70. Report of committee to Industrial Commission.
G.S. 97-71
§ 97-71. Filing report; right of hearing on report.
G.S. 97-72
§ 97-72. Appointment of advisory medical committee; terms of office; duties and functions; salaries and expenses.
G.S. 97-73
§ 97-73. Fees.
G.S. 97-74
§ 97-74. Expense of hearings taxed as costs in compensation cases; fees collected directed to general fund.
G.S. 97-75
§§ 97-75, 97-76: Repealed by Session Laws 2003-284, s. 10.33(f), effective July 1, 2003.
G.S. 97-76
§§ 97-75, 97-76: Repealed by Session Laws 2003-284, s. 10.33(f), effective July 1, 2003.
G.S. 97-77
§ 97-77. North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.
G.S. 97-77.1
§ 97-77.1. Expired.
G.S. 97-78
§ 97-78. Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report.
G.S. 97-78.1
§ 97-78.1. Standards of judicial conduct to apply to commissioners and deputy commissioners.
G.S. 97-79
§ 97-79. Offices and supplies; deputies with power to subpoena witnesses and to take testimony; meetings; hearings.
G.S. 97-80
§ 97-80. Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs.
G.S. 97-81
§ 97-81. Blank forms and literature; statistics; safety provisions; accident reports; studies and investigations and recommendations to General Assembly; to cooperate with other agencies for prevention of injury.
G.S. 97-82
§ 97-82. Memorandum of agreement between employer and employee to be submitted to Commission on prescribed forms for approval; direct payment as award.
G.S. 97-83
§ 97-83. Commission is to make award after hearing.
G.S. 97-83.1
§ 97-83.1. Facilities for hearings; security.
G.S. 97-84
§ 97-84. Determination of disputes by Commission or deputy.
G.S. 97-85
§ 97-85. Review of award.
G.S. 97-86
§ 97-86. Award conclusive as to facts; appeal; certified questions of law.
G.S. 97-86.1
§ 97-86.1. Payment of award pending appeal in certain cases.
G.S. 97-86.2
§ 97-86.2. Interest on awards after hearing.
G.S. 97-87
§ 97-87. Judgments on awards.
G.S. 97-88
§ 97-88. Expenses of appeals brought by insurers.
G.S. 97-88.1
§ 97-88.1. Attorney's fees at original hearing.
G.S. 97-88.2
§ 97-88.2. Penalty for fraud.
G.S. 97-88.3
§ 97-88.3. Penalty for health care providers.
G.S. 97-89
§ 97-89. Commission may appoint qualified physician to make necessary examinations; expenses; fees.
G.S. 97-90
§ 97-90. Legal and medical fees to be approved by Commission; misdemeanor to receive fees unapproved by Commission, or to solicit employment in adjusting claims; agreement for fee or compensation.
G.S. 97-90.1
§ 97-90.1. Insurers that provide employee's health benefit plans, disability income plans, or any other health insurance plans as real parties in interest; reimbursement.
G.S. 97-91
§ 97-91. Commission to determine all questions.
G.S. 97-92
§ 97-92. Employer's record and report of accidents; records of Commission not open to public; supplementary report upon termination of disability; penalty for refusal to make report; when insurance carrier liable.
G.S. 97-93
§ 97-93. Employers required to carry insurance or prove financial ability to pay for benefits; employers required to post notice; self-insured employers regulated by Commissioner of Insurance.
G.S. 97-94
§ 97-94. Employers required to give proof that they have complied with preceding section; penalty for not keeping liability insured; review; liability for compensation; criminal penalties for failure to secure payment of compensation.
G.S. 97-95
§ 97-95. Actions against employers failing to effect insurance or qualify as self-insurer.
G.S. 97-96
§ 97-96: Repealed by Session Laws 1997-362, s. 7.
G.S. 97-97
§ 97-97. Insurance policies must contain clause that notice to employer is notice to insurer, etc.
G.S. 97-98
§ 97-98. Policy must contain agreement promptly to pay benefits; continuance of obligation of insurer in event of default.
G.S. 97-99
§ 97-99. Law written into each insurance policy; form of policy to be approved by Commissioner of Insurance; single catastrophe hazards.
G.S. 97-100
§ 97-100. Rates for insurance; carrier to make reports for determination of solvency; tax upon premium; wrongful or fraudulent representation of carrier punishable as misdemeanor; notices.
G.S. 97-101
§ 97-101. Collection of fines and penalties.
G.S. 97-101.1
§ 97-101.1. Commission may issue writs of habeas corpus.
Article 2 - Compensation Rating and Inspection Bureau.
G.S. 97-102 through 97-104.6
§§ 97-102 through 97-104.6: Repealed by Session Laws 1977, c. 828, s. 8, as amended by Session Laws 1979, c. 824, s. 8.
Article 3 - Security Funds.
G.S. 97-105 through 97-122
§§ 97-105 through 97-122: Repealed by Session Laws 1991 (Regular Session, 1992), c. 802, s. 12, as amended by Session Laws 1991 (Regular Session, 1992), c. 1030, s. 51.3.
G.S. 97-123 through 97-129
§§ 97-123 through 97-129. Reserved for future codification purposes.
Article 4 - North Carolina Self-Insurance Security Association.
G.S. 97-130
§ 97-130. Definitions.
G.S. 97-131
§ 97-131. Creation.
G.S. 97-132
§ 97-132. Board of directors.
G.S. 97-133
§ 97-133. Powers and duties of the Association.
G.S. 97-134
§ 97-134. Plan of Operation.
G.S. 97-135
§ 97-135. Insolvency.
G.S. 97-136
§ 97-136. Powers and duties of the Commissioner.
G.S. 97-137
§ 97-137. Examination of the Association.
G.S. 97-138
§ 97-138. Tax exemption.
G.S. 97-139
§ 97-139. Immunity.
G.S. 97-140
§ 97-140. Nonduplication of recovery.
G.S. 97-141
§ 97-141. Stay of proceedings.
G.S. 97-142
§ 97-142. Disposition of assets upon dissolution.
G.S. 97-143
§ 97-143. Use of deposits made by insolvent member self-insurers.
G.S. 97-144 through 97-164
§§ 97-144 through 97-164. Reserved for future codification purposes.
Article 5 - Individual Employers.
G.S. 97-165
§ 97-165. Definitions.
G.S. 97-170
§ 97-170. License applications; required information.
G.S. 97-175
§ 97-175. License.
G.S. 97-177
§ 97-177. License covering applicant and any subsidiary or applicant relying on a guarantor; procedure; requirements.
G.S. 97-180
§ 97-180. Reporting and records.
G.S. 97-185
§ 97-185. Deposits; surety bonds; letters of credit.
G.S. 97-190
§ 97-190. Excess insurance.
G.S. 97-195
§ 97-195. Revocation, suspension or restriction of license.
G.S. 97-196
§ 97-196. Civil penalties or restitution for violations; administrative procedure.
G.S. 97-200
§ 97-200. Claims administration.