143-291.3. Counterclaims by State.
The filing of a claim under this Article shall constitute consent by the plaintiff to the jurisdiction of the Industrial Commission to hear and determine any counterclaim of the maximum amount authorized for a claim in G.S. 143-299.2 or less that may be filed on behalf of a State department, institution or agency, or a county or city board of education. A final award of the Industrial Commission awarding damages on a counterclaim shall be filed with the clerk of the superior court of the county where the case was heard. These awards shall be docketed and shall be enforceable in the same manner as judgments of the General Court of Justice. Notwithstanding the provisions of Rule 12 of the Rules of Civil Procedure, nothing in this section shall require the filing of a counterclaim. (1987 (Reg. Sess., 1988), c. 1087, s. 3; 1995, c. 509, s. 82; 2000-67, s. 7A(c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
Article 31 - Tort Claims against State Departments and Agencies.
§ 143-291.3 - Counterclaims by State.
§ 143-292 - Notice of determination of claim; appeal to full Commission.
§ 143-293 - Appeals to Court of Appeals.
§ 143-294 - Appeal to Court of Appeals to act as supersedeas.
§ 143-295 - Settlement of claims.
§ 143-296 - Powers of Industrial Commission; deputies.
§ 143-298 - Duty of Attorney General; expenses; subpoenas.
§ 143-299 - Limitation on claims.
§ 143-299.1 - Contributory negligence a matter of defense; burden of proof.
§ 143-299.1A - Limit use of public duty doctrine as an affirmative defense.
§ 143-299.2 - Limitation on payments by the State.
§ 143-299.3 - Use of State vehicles by North Carolina Amateur Sports; State to incur no liability.
§ 143-299.4 - Payment of State excess liability.
§ 143-300 - Rules and regulations of Industrial Commission; destruction of records.