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, TO AMEND CERTAIN PROVISIONS OF THE WORKERS' COMPENSATION LAW; AND TO ALLOW THE CONFERENCE OF CHIEF DISTRICT JUDGES TO PRESCRIBE UNIFORM STATEWIDE PRESUMPTIVE GUIDELINES FOR THE COMPUTATION OF RETROACTIVE CHILD SUPPORT OBLIGATIONS.
Senate committee substitute makes the following changes to the 1st edition:
Changes the long title.
Disapproves 04 NCAC 10A .0202 (Hearing Costs or Fees), as adopted by the Industrial Commission on March 11, 2014, and approved by the Rules Review Commission on March 20, 2014.
Amends GS 97-25, Medical treatment and supplies, deleting certain provisions concerning medical motions, enacted by SL 2013-294 and which provided that in claims subject to GS 97-18(b) and (d), a party can file an expedited, emergency, or other medical motion with the Office of the Chief Deputy Commissioner, with the non-moving party having the right to contest the motion. Deleted sections setting out the procedures for submitting motions and responses as well as the procedures for conducting an informal hearing on the motions. Adds new language which provides that in claims subject to GS 97-18(b) and (d), a party can file a specified motion regarding a request for medical compensation or a dispute involving medical issues. Nonmoving parties have the right to contest the motion and all motions and responses are to be submitted contemporaneously via electronic mail to the Industrial Commission and to the opposing party/attorney. Sets out motions and procedures allowed as well as other processes and procedures, including a motion filed with the Executive Secretary for an administrative ruling regarding a request for medical compensation or a request to have a full evidentiary hearing pursuant to GS 97-84. Also sets out factors to consider in granting or denying a motion and a provision allowing the assessment of fees if it is determined any party has acted unreasonably. Requires emergency medical motions to be filed with the Office of the Chief Deputy Commissioner and requires a ruling within five days. Provides for appeals.
Amends GS 97-78(g)(2) to require that the total number of requests for, and disputes involving, medical compensation under GS 97-25 in which final disposition was not reached in 75 days (was, 45 days) of the filing of the motion be reported by the Industrial Commission in its annual report to the Joint Legislative Commission on Governmental Operations.
Directs the Industrial Commission to adopt rules to replace the rules disapproved by this act and sets out seven specific directions that the rules must be adopted in accordance with.
Directs the Industrial Commission to adopt permanent rules as provided in this act in accordance with the procedures and timelines for temporary rules pursuant to GS 150B-21.1(a3). Requires the Industrial Commission to consult with the Office of Administrative Hearings to ensure that rules are submitted to the Rules Review Commission in time to be eligible for legislative disapproval in the 2015 Session of the General Assembly.
Provides that the rules of the Industrial Commission effective on the effective date of SL 2011-287 will remain in effect until rules adopted to replace the disapproved rules become effective.