North Carolina General Statutes
Article 1 - Workers' Compensation Act.
§ 97-78 - Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report.

97-78. Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report.
(a) The salary of each commissioner shall be the same as that fixed from time to time for district attorneys except that the commissioner designated as chair shall receive one thousand five hundred dollars ($1,500) additional per annum.
(b) The Commission may appoint an administrator whose duties shall be prescribed by the Commission. The Commission may appoint an executive secretary whose duties shall be prescribed by the Commission, and who, upon entering upon his duties, shall give bond in such sum as may be fixed by the Commission. The Commission may also employ such clerical or other assistance as it may deem necessary, and fix the compensation of its staff, except that the salaries of the administrator and the executive secretary shall be fixed by subsection (b1) of this section. The compensation of Commission staff shall be in keeping with the compensation paid to the persons employed to do similar work in other State departments.
(b1) The salary of the administrator shall be ninety percent (90%) of the salary of a commissioner. The salary of the executive secretary shall be ninety percent (90%) of the salary of a commissioner.
(b2) The Chairman of the Industrial Commission shall designate one deputy commissioner as chief deputy commissioner. The salary of the chief deputy commissioner shall be ninety percent (90%) of the salary of a commissioner.
(b3) The salary of deputy commissioners shall be based upon years of experience as a deputy commissioner as follows:
(1) Seventy-five percent (75%) of the salary of a commissioner, with three years of experience or less.
(2) Seventy-seven percent (77%) of the salary of a commissioner, with more than three but less than seven years of experience.
(3) Eighty percent (80%) of the salary of a commissioner, with seven or more but less than 10 years of experience.
(4) Eighty-three percent (83%) of the salary of a commissioner, with 10 or more but less than 12 years of experience.
(5) Eighty-five percent (85%) of the salary of a commissioner, with 12 or more years experience.
(b4) In lieu of merit and other incremental raises, the administrator, executive secretary, chief deputy commissioner, and deputy commissioners shall receive longevity pay on the same basis as is provided to other employees subject to the North Carolina Human Resources Act.
(c) The members of the Commission and its assistants shall be entitled to receive from the State their actual and necessary expenses while traveling on the business of the Commission, but such expenses shall be certified by the person who incurred the same, and shall be approved by the chairman of the Commission before payment is made.
(d) All salaries and expenses of the Commission shall be audited and paid out of the State treasury, in the manner prescribed for similar expenses in other departments or branches of the State service, and to defray such salaries and expenses a sufficient appropriation shall be made under the General Appropriation Act as made to other departments, commissions and agencies of the State government.
(e) No later than October 1 of each year, the Commission shall publish annually for free distribution a report of the administration of this Article, together with such recommendations as the Commission deems advisable. No later than October 1 of each year, the Commission shall submit this report to the Joint Legislative Oversight Committee on General Government, the Senate Appropriations Committee on General Government and Information Technology, and the House Appropriations Committee on General Government.
(f) Every four years beginning April 1, 2022, the Commission shall prepare and implement a strategic plan for accomplishing all of the following:
(1) Tracking compliance with the provisions of G.S. 97-18(b), (c), and (d), and establishing a procedure to enforce compliance with the requirements of these subsections.
(2) Expeditiously resolving requests for, or disputes involving, medical compensation under G.S. 97-25, including selection of a physician, change of physician, the specific treatment involved, and the provider of such treatment.
(g) The Commission shall demonstrate its success in implementing its strategic plan under subsection (f) of this section by including all of the following in its annual report under subsection (e) of this section:
(1) The total number of claims made during the preceding fiscal year, the total number of claims in which compliance was not timely made, and, for each claim, the date the claim was filed, the date by which compliance was required, the date of actual compliance, and any sanctions or other remedial action imposed by the Commission.
(2) The total number of requests for, and disputes involving, medical compensation under G.S. 97-25 in which final disposition was not made within 75 days of the filing of the motion with the Commission, and, for each such request or dispute, the date the motion or other initial pleading was filed, the date on which final disposition was made. (1929, c. 120, s. 52; 1931, c. 274, s. 9; 1941, c. 358, s. 2; 1947, c. 823; 1957, c. 541, s. 6; 1971, c. 527, s. 1; c. 1147, s. 1; 1983, c. 717, s. 20; 1983 (Reg. Sess., 1984), c. 1034, s. 164; 1997-443, s. 33.4; 1998-212, s. 28.18(a); 2005-276, s. 29.20(b); 2007-323, ss. 13.4A(a), (b); 2013-382, s. 9.1(c); 2013-413, s. 60(a); 2014-77, s. 5; 2014-115, ss. 17, 55.4(c); 2017-57, s. 14.1(p); 2021-180, s. 37.8(a).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 97 - Workers' Compensation Act

Article 1 - Workers' Compensation Act.

§ 97-1 - Short title.

§ 97-1.1 - References to workmen's compensation.

§ 97-2 - Definitions.

§ 97-3 - Presumption that all employers and employees have come under provisions of Article.

§ 97-5 - Presumption as to contract of service.

§ 97-5.1 - Presumption that taxicab drivers are independent contractors.

§ 97-6 - No special contract can relieve an employer of obligations.

§ 97-7 - State or subdivision and employees thereof.

§ 97-8 - Prior injuries and deaths unaffected.

§ 97-9 - Employer to secure payment of compensation.

§ 97-10.1 - Other rights and remedies against employer excluded.

§ 97-10.2 - Rights under Article not affected by liability of third party; rights and remedies against third parties.

§ 97-10.3 - Minors illegally employed.

§ 97-11 - Employer not relieved of statutory duty.

§ 97-12 - Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.

§ 97-12.1 - Willful misrepresentation in applying for employment.

§ 97-13 - Exceptions from provisions of Article[Effective until January 1, 2023]

§ 97-17 - Settlements allowed in accordance with Article.

§ 97-18 - Prompt payment of compensation required; installments; payment without prejudice; notice to Commission; penalties.

§ 97-18.1 - Termination or suspension of compensation benefits.

§ 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.

§ 97-19.1 - Truck, tractor, or truck tractor trailer driver's status as employee or independent contractor.

§ 97-20 - Priority of compensation claims against assets of employer.

§ 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.

§ 97-22 - Notice of accident to employer.

§ 97-23 - What notice is to contain; defects no bar; notice personally or by registered letter or certified mail.

§ 97-24 - Right to compensation barred after two years; destruction of records.

§ 97-25 - Medical treatment and supplies.

§ 97-25.1 - Limitation of duration of medical compensation.

§ 97-25.2 - Managed care organizations.

§ 97-25.3 - Preauthorization.

§ 97-25.4 - Utilization guidelines for medical treatment.

§ 97-25.5 - Utilization guidelines for vocational and other rehabilitation.

§ 97-25.6 - Reasonable access to medical information.

§ 97-26 - Fees allowed for medical treatment; malpractice of physician.

§ 97-26.1 - Fees for medical records and reports; expert witnesses; communications with health care providers.

§ 97-26.2 - Reimbursement for prescription drugs, prescribed over-the-counter drugs, and professional pharmaceutical services.

§ 97-27 - Medical examination; facts not privileged; refusal to be examined suspends compensation; other medical opinions; autopsy.

§ 97-28 - Seven-day waiting period; exceptions.

§ 97-29 - Rates and duration of compensation for total incapacity.

§ 97-29.1 - Increase in payments in cases for total and permanent disability occurring prior to July 1, 1973.

§ 97-30 - Partial incapacity.

§ 97-31 - Schedule of injuries; rate and period of compensation.

§ 97-31.1 - Effective date of legislative changes in benefits.

§ 97-32 - Refusal of injured employee to accept suitable employment as suspending compensation.

§ 97-32.1 - Trial return to work.

§ 97-32.2 - Vocational rehabilitation.

§ 97-33 - Prorating in event of earlier disability or injury.

§ 97-34 - Employee receiving an injury when being compensated for former injury.

§ 97-35 - How compensation paid for two injuries; employer liable only for subsequent injury.

§ 97-36 - Accidents taking place outside State; employees receiving compensation from another state.

§ 97-37 - Where injured employee dies before total compensation is paid.

§ 97-38 - Where death results proximately from compensable injury or occupational disease; dependents; burial expenses; compensation to aliens; election by partial dependents.

§ 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.

§ 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.

§ 97-40.1 - Second Injury Fund.

§ 97-42 - Deduction of payments.

§ 97-42.1 - Credit for unemployment benefits.

§ 97-43 - Commission may prescribe monthly or quarterly payments.

§ 97-44 - Lump sums.

§ 97-45 - Reducing to judgment outstanding liability of insurance carriers withdrawing from State.

§ 97-46 - Lump sum payments to trustee; receipt to discharge employer.

§ 97-47 - Change of condition; modification of award.

§ 97-47.1 - Payment without prejudice; limitations period.

§ 97-48 - Receipts relieving employer; payment to minors; when payment of claims to dependents subsequent in right discharges employer.

§ 97-49 - Benefits of mentally incompetent or minor employees under 18 may be paid to a trustee, etc.

§ 97-50 - Limitation as against minors or mentally incompetent.

§ 97-51 - Joint employment; liabilities.

§ 97-52 - Occupational disease made compensable; "accident" defined.

§ 97-53 - (See editor's note on condition precedent) Occupational diseases enumerated; when due to exposure to chemicals.

§ 97-54 - "Disablement" defined.

§ 97-55 - "Disability" defined.

§ 97-56 - Limitation on compensable diseases.

§ 97-57 - Employer liable.

§ 97-58 - Time limit for filing claims.

§ 97-59 - Employer to pay for treatment.

§ 97-61 - Rewritten as §§ .1 to .7.

§ 97-61.1 - First examination of and report on employee having asbestosis or silicosis.

§ 97-61.2 - Filing of first report; right of hearing; effect of report as testimony.

§ 97-61.3 - Second examination and report.

§ 97-61.4 - Third examination and report.

§ 97-61.5 - Hearing after first examination and report; removal of employee from hazardous occupation; compensation upon removal from hazardous occupation.

§ 97-61.6 - Hearing after third examination and report; compensation for disability and death from asbestosis or silicosis.

§ 97-61.7 - Waiver of right to compensation as alternative to forced change of occupation.

§ 97-62 - "Silicosis" and "asbestosis" defined.

§ 97-63 - Period necessary for employee to be exposed.

§ 97-64 - General provisions of act to control as regards benefits.

§ 97-65 - Reduction of rate where tuberculosis develops.

§ 97-66 - Claim where benefits are discontinued.

§ 97-67 - Postmortem examinations; notice to next of kin and insurance carrier.

§ 97-68 - Controverted medical questions.

§ 97-69 - Examination by advisory medical committee; inspection of medical reports.

§ 97-70 - Report of committee to Industrial Commission.

§ 97-71 - Filing report; right of hearing on report.

§ 97-72 - Appointment of advisory medical committee; terms of office; duties and functions; salaries and expenses.

§ 97-73 - Fees.

§ 97-74 - Expense of hearings taxed as costs in compensation cases; fees collected directed to general fund.

§ 97-77 - North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.

§ 97-77.1 - Expired.

§ 97-78 - Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report.

§ 97-78.1 - Standards of judicial conduct to apply to commissioners and deputy commissioners.

§ 97-79 - Offices and supplies; deputies with power to subpoena witnesses and to take testimony; meetings; hearings.

§ 97-80 - Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs.

§ 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.

§ 97-82 - Memorandum of agreement between employer and employee to be submitted to Commission on prescribed forms for approval; direct payment as award.

§ 97-83 - Commission is to make award after hearing.

§ 97-83.1 - Facilities for hearings; security.

§ 97-84 - Determination of disputes by Commission or deputy.

§ 97-85 - Review of award.

§ 97-86 - Award conclusive as to facts; appeal; certified questions of law.

§ 97-86.1 - Payment of award pending appeal in certain cases.

§ 97-86.2 - Interest on awards after hearing.

§ 97-87 - Judgments on awards.

§ 97-88 - Expenses of appeals brought by insurers.

§ 97-88.1 - Attorney's fees at original hearing.

§ 97-88.2 - Penalty for fraud.

§ 97-88.3 - Penalty for health care providers.

§ 97-89 - Commission may appoint qualified physician to make necessary examinations; expenses; fees.

§ 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.

§ 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.

§ 97-91 - Commission to determine all questions.

§ 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.

§ 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.

§ 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.

§ 97-95 - Actions against employers failing to effect insurance or qualify as self-insurer.

§ 97-97 - Insurance policies must contain clause that notice to employer is notice to insurer, etc.

§ 97-98 - Policy must contain agreement promptly to pay benefits; continuance of obligation of insurer in event of default.

§ 97-99 - Law written into each insurance policy; form of policy to be approved by Commissioner of Insurance; single catastrophe hazards.

§ 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.

§ 97-101 - Collection of fines and penalties.

§ 97-101.1 - Commission may issue writs of habeas corpus.