Bill Summary for S 614 (2013-2014)

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Summary date: 

Apr 2 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 614 (Public) Filed Tuesday, April 2, 2013
Intro. by Brown.

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Bill summary

Amends GS 58-36-105(b) providing that a notice of cancellation of workers' compensation insurance that is required to be sent by registered or certify mail is not effective until the method of providing notice has been employed (was, employed and completed). Effective when it becomes law and applies to workers' compensation insurance policies in effect on or after that date.

Amends GS 97-19.1 to provide that an individual in the interstate or intrastate carrier industry who operates a truck, tractor, or truck tractor trailer for a motor carrier as defined in GS 20-4.01(21b) (was, licensed by a governmental motor vehicle regulatory agency) may be an employee or an independent contractor depending on the application of the common law test for determining employment status. Makes an additional conforming change to this section. Provides that a principal contractor, intermediate contractor, or subcontractor who contracts with an independent contractor is not liable as an employer for the payment of compensation tothe independent contractor if the independent contractor (1) owns or leases the vehicle providing service, (2)personally operates or is responsible for hiring and paying personnel to operate the vehicle, and (3) is covered under an occupational accident policy issued to the independent contractor or the motor carrier. Permits a motor carrier and independent contractor meeting specified criteria to mutually agree in writing that the independent contractor and any of the independent contractor's employees will be covered under the contractor's workers' compensation insurance. Provides additional details regarding the obligations of both parties under such an agreement. Defines "occupational accident insurance" for the purposes of this section. Deletes provisions permitting the contractor to insure all of the independent contractors and their employees under a blanket policy. Effective when it becomes law.

Amends GS 97-36 regarding out-of-state accidents and state reciprocity of claims. Provides for the applicability of a forum clause if one is contained in the employment contract; however, if there is no forum clause, provides that the other provisions of this section apply under circumstances where an employee temporarily leaves this state and incidental to the employee's employment in another state is injured in the course of employment. Specifies conditions that must be met for an employee from another state and an employer from another stateto be exempt from the provisions of GS Chapter 97. Provides that the out-of-stateemployee working temporarily forthe out-of state-employer in this state is limited to benefits under the workers compensation insurance or similar laws of the other state as an exclusive remedy for any injury, even death, suffered while working for that employer in this state. Provides definitions for terms as used in this section. Addresses issues regarding jurisdiction, appeals, and litigation. Makes technical changes. Provides that this section is effective when it becomes law and applies to claims for workers' compensation insurance benefits made on or after that date regardless of the date of the accident.