130A-426. Determination of claims.
(a) The Commission shall determine, on the basis of the evidence presented to it, the following issues:
(1) Whether any injuries alleged in the claim are vaccine-related injuries; and
(2) How much compensation, if any, is awardable pursuant to G.S. 130A-427.
(b) If the Commission determines pursuant to subsection (a) of this section that the injuries alleged in the claim are not vaccine-related injuries, it shall render a decision denying any compensation. If the Commission decides that any of the injuries are vaccine-related injuries it shall make an award pursuant to guidelines it establishes specifically adopted to relate to vaccine-related injuries. (1985 (Reg. Sess., 1986), c. 1008, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 17 - Childhood Vaccine-Related Injury Compensation Program.
§ 130A-424 - Industrial Commission authorized to hear and determine claims; damages.
§ 130A-425 - Filing of claims.
§ 130A-426 - Determination of claims.
§ 130A-427 - Commission awards for vaccine-related injuries; duties of Secretary.
§ 130A-428 - Notice of determination of claim; appeal to full commission.
§ 130A-429 - Limitation on claims.
§ 130A-430 - Right of State to bring action against health care provider and manufacturer.
§ 130A-431 - Certain vaccine diversions made felony.
§ 130A-433 - Contracts for purchase of vaccines; distribution; fee; rules.