Bill Summary for H 26 (2017-2018)

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Summary date: 

Jun 28 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 26 (Public) Filed Thursday, January 26, 2017
AN ACT TO CLARIFY THAT AN INJURY NOT IDENTIFIED IN AN AWARD ARISING OUT OF G.S. 97-18(b) OR G.S. 97-18(d) IS NOT PRESUMED CAUSALLY RELATED, AND TO AMEND THE WORKERS' COMPENSATION ACT REGARDING APPROVAL OF DISPUTED LEGAL FEES BY THE INDUSTRIAL COMMISSION.
Intro. by Watford, Zachary.

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Bill summary

Senate amendment makes the following changes to the 3rd edition.

Amends the long title.

Adds whereas clauses.

Amends GS 97-82(b). Provides that payment under GS 97-18(b), or payment under GS 97-18(d) as currently specified, constitutes an award of the Commission on the question of compensability of and the insurer's liability for the injury as reflected on a form prescribed by the Commission for which payment was made (currently, no reference to a form). Provides that an award of the Commission under GS 97-18(b) or (d) does not create a presumption that medical treatment for an injury or condition not identified in the form prescribed by the Commission under those statutes is causally related to the compensable injury. An employee may request a hearing under GS 97-84 to prove that an injury or condition is causally related to the compensable injury. Effective when the bill becomes law, and applies to claims accrued or pending prior to, on, or after that date.

Specifies that the intent of the General Assembly is to clarify that an injury not identified in an award arising out of GS 97-18(b) or (d) is not presumed to be causally related to the compensable injury.

Effective when the bill becomes law, and applies to claims accrued or pending prior to, on, or after that date.