A BILL TO BE ENTITLED AN ACT TO DISAPPROVE CERTAIN RULES ADOPTED BY THE NORTH CAROLINA INDUSTRIAL COMMISSION, TO PROVIDE SPECIFIC DIRECTIONS TO THE INDUSTRIAL COMMISSION TO REPLACE THE RULES, AND TO AMEND CERTAIN PROVISIONS OF THE WORKERS COMPENSATION LAW.
Senate committee substitute makes the following changes to the 1st edition:
Changes the bill title to add that the bill provides specific directions to the Industrial Commission to replace certain rules.
Changes Sections 1 and 2 by deleting the following five rules from the list of rules disapproved in the bill: 04 NCAC 10A.0408, .0607, .0702, .0103, and .0404.
Adds new Section 3 amending GS 97-18(k) to require that a formal hearing must be scheduled when an employer or insurer contests an employee's request for reinstatement of compensation.
Adds new Section 4 amending GS 97-2 to add a new subsection (23) defining commuted value to mean an 8% discount rate applied to unaccrued compensation.
Adds new Section 5 amending GS 97-40 to change the calculation of lump sum compensation paid when a deceased employee leaves no dependents from present value to commuted value.
Adds new Section 6 amending GS 97-79 by adding a new subsection (g) requiring the Commission to adopt rules for administrative motions practices and procedures.
Adds new Section 7 amending GS 97-78(f)(2) to require the Commission to schedule a formal hearing on a preemptive basis to expeditiously resolve requests for or disputes involving medical compensation.
Adds new Section 8 amending GS 97-73(a) clarifying that the schedule of fees established by the Commission includes fees to be borne by all parties.
Adds new Section 9 amending GS 97-80 to make several changes to the Commission's rules: (1) requires the Commission to adopt rules for forms, processes, and procedures, (2) exempts workers' compensation claims from the Rules of Civil Procedure (except for service requirements of Rule 45), (3) clarifies that the Commission has the authority to tax fees (along with costs) against all parties for hearings and depositions, (4) limits the service requirements of Rule 45 to apply only to witness subpoenas, (5) makes Rule 30(b)(6) depositions impermissible in workers' compensation claims, (6) limits use of subpoena duces tecum only to a witness who is not a party to an action, and (7) adds records and other tangible items to the Commission's authority to provide for and limit discovery.
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