2005 North Carolina Code - Chapter 97 — 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.
• § 97-4: Repealed by Session Laws 1973, c. 1291, s. 2.
• § 97-5. Presumption as to contract of service.
• § 97-6. No special contract can relieve an employer of obligations.
• § 97-6.1: Repealed by 1991 (Regular Session, 1992), c. 1021, s. 4.
• § 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. Repealed by Session Laws 1959, c. 1324.
• § 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.
• § 97-13. Exceptions from provisions of Article.
• §§ 97-14 through 97-16. Repealed by Session Laws 1973, c. 1291, ss. 7-9.
• § 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.
• § 97-27. Medical examination; facts not privileged; refusal to be examined suspends compensation; autopsy.
• § 97-28. Seven-day waiting period; exceptions.
• § 97-29. Compensation rates 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.
• § 97-33. 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.
• § 97-41. Repealed by Session Laws 1973, c. 1308, s. 5.
• § 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.
• § 97-60: Repealed by Session Laws 2003-284, s. 10.33(a), effective July 1, 2003.
• § 97-61. Rewritten as §§ 97-61.1 to 97-61.7.
• § 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.
• §§ 97-75, 97-76: Repealed by Session Laws 2003-284, s. 10.33(f), effective July 1, 2003.
• § 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.
• § 97-79. 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.
• § 97-96: Repealed by Session Laws 1997-362, s. 7.
• § 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.

• §§ 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.

• §§ 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.
• §§ 97-123 through 97-129. Reserved for future codification purposes.

• § 97-130. Definitions.
• § 97-131. Creation.
• § 97-132. Board of directors.
• § 97-133. Powers and duties of the Association.
• § 97-134. Plan of Operation.
• § 97-135. Insolvency.
• § 97-136. Powers and duties of the Commissioner.
• § 97-137. Examination of the Association.
• § 97-138. Tax exemption.
• § 97-139. Immunity.
• § 97-140. Nonduplication of recovery.
• § 97-141. Stay of proceedings.
• § 97-142. Disposition of assets upon dissolution.
• § 97-143. Use of deposits made by insolvent member self-insurers.
• §§ 97-144 through 97-164. Reserved for future codification purposes.

• § 97-165. Definitions.
• § 97-170. License applications; required information.
• § 97-175. License.
• § 97-177. License covering applicant and any subsidiary or applicant relying on a guarantor; procedure; requirements.
• § 97-180. Reporting and records.
• § 97-185. Deposits; surety bonds; letters of credit.
• § 97-190. Excess insurance.
• § 97-195. Revocation, suspension or restriction of license.
• § 97-196. Civil penalties or restitution for violations; administrative procedure.
• § 97-200. Claims administration.