97-85. Review of award.
(a) If application is made to the Commission within 15 days from the date when notice of the award shall have been given, the full Commission shall review the award, and, if good ground be shown therefor, reconsider the evidence, receive further evidence, rehear the parties or their representatives, and, if proper, amend the award: Provided, however, when application is made for review of an award, and such an award has been heard and determined by a commissioner of the North Carolina Industrial Commission, the commissioner who heard and determined the dispute in the first instance, as specified by G.S. 97-84, shall be disqualified from sitting with the full Commission on the review of such award, and the chairman of the Industrial Commission shall designate a deputy commissioner to take such commissioner's place in the review of the particular award. The deputy commissioner so designated, along with the two other commissioners, shall compose the full Commission upon review.
Provided further, the chairman of the Industrial Commission shall have the authority to designate a deputy commissioner to take the place of a commissioner on the review of any case, in which event the deputy commissioner so designated shall have the same authority and duty as does the commissioner whose place he occupies on such review.
(b) Unless waived by consent of the parties, all hearings of the full Commission shall be recorded. Court reporters, transcription personnel, or electronic or other mechanical devices may be utilized. If an electronic or other mechanical device is utilized, it shall be the duty of some person designated by the Commission to operate the device while a hearing is in progress, and the recording shall be preserved and may be transcribed, as required. If stenotype, shorthand, or stenomask equipment is used, the original tapes, notes, discs, or other records are the property of the State and the Commission shall keep them in its custody. The compensation and allowances of reporters shall be fixed by the Commission in a manner that is consistent with policies set by the Administrative Office of the Courts for the General Court of Justice. (1929, c. 120, s. 59; 1963, c. 402; 1977, cc. 390, 431; 2013-163, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 97 - Workers' Compensation Act
Article 1 - Workers' Compensation Act.
§ 97-1.1 - References to workmen's compensation.
§ 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.
§ 97-10.3 - Minors illegally employed.
§ 97-11 - Employer not relieved of statutory duty.
§ 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.
§ 97-18.1 - Termination or suspension of compensation benefits.
§ 97-20 - Priority of compensation claims against assets of employer.
§ 97-22 - Notice of accident to employer.
§ 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.
§ 97-25.4 - 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.
§ 97-28 - Seven-day waiting period; exceptions.
§ 97-29 - Rates and duration of compensation for total 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.
§ 97-40.1 - Second Injury Fund.
§ 97-42 - Deduction of payments.
§ 97-42.1 - Credit for unemployment benefits.
§ 97-43 - Commission may prescribe monthly or quarterly payments.
§ 97-45 - 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.
§ 97-50 - Limitation as against minors or mentally incompetent.
§ 97-51 - Joint employment; liabilities.
§ 97-52 - Occupational disease made compensable; "accident" defined.
§ 97-54 - "Disablement" defined.
§ 97-55 - "Disability" defined.
§ 97-56 - Limitation on compensable diseases.
§ 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.
§ 97-61.7 - 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.
§ 97-78.1 - Standards of judicial conduct to apply to commissioners and deputy commissioners.
§ 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.
§ 97-86 - 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.
§ 97-91 - Commission to determine all questions.
§ 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.