WORKERS' COMP/APPROVAL OF DISPUTED LEGAL FEES.

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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.
Status: Ch. SL 2017-124 (House Action) (Jul 20 2017)

SOG comments (1):

Long Title Change

Submitted by Penny.Griffin@n... on

Senate amendment to the 3rd edition makes changes to the long title. The original title is as follows:

AN ACT TO AMEND THE WORKERS' COMPENSATION ACT REGARDING THE APPROVAL OF DISPUTED LEGAL FEES BY THE INDUSTRIAL COMMISSION.

Bill History:

H 26/S.L. 2017-124

Bill Summaries:

  • Bill H 26 (2017-2018)
    Summary date: Jul 25 2017 - View Summary

    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. Enacted July 20, 2017. Effective July 20, 2017, except as otherwise provided, and applies to claims pending on or after that date.

    Employment and Retirement
    GS 97
  • Bill H 26 (2017-2018)
    Summary date: Jun 28 2017 - View 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.

    Employment and Retirement
    GS 97
  • Bill H 26 (2017-2018)
    Summary date: Jun 13 2017 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends GS 97-90(f) to provide that the Industrial Commission's duty to give notice to an employee's current and past attorneys of the total amount of an approved fee, when those attorneys dispute the division of the fee, refers to the employee's attorneys of record.

    Employment and Retirement
    GS 97
  • Bill H 26 (2017-2018)
    Summary date: Feb 15 2017 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Deletes the proposed revisions to GS 97-90(f), concerning disputed attorneys' fees in workers' compensation cases. Instead, requires the Industrial Commission (Commission) to hear any dispute between an employee's current or past attorney(s) regarding the division of a fee as approved by the Commission only after the Commission has approved the settlement agreement (previously, did not specify when the Commission must hear the dispute). Adds a new requirement directing the Commission to give notice to each of the employee's current and past attorneys of the total amount of the approved fee prior to determining how the fee is to be divided between those attorneys. Makes conforming changes.

    Employment and Retirement
    GS 97
  • Bill H 26 (2017-2018)
    Summary date: Jan 26 2017 - View Summary

    Current law under the Workers' Compensation Act (Article 1, GS Chapter 97) requires attorneys seeking fees for services rendered to an employee pursuant to the Act to request prior approval of the attorneys' fees by the Industrial Commission (Commission) before collection. Under subsections (c) and (f) of GS 97-90, the Commission is authorized to determine the allowance for attorneys' fees and to determine disputes between an employee's current and past attorney(s) regarding division of the approved fee. This act requires the Commission to give notice, before ordering the division of a fee, to each of the employee's current and past attorneys of the total fee approved by the Commission for division between those attorneys. Additionally, clarifies that an attorney who is an interested party (previously, a party) to an action under subsection (f) has the same rights of appeal under subsection (c).

    Applies to claims pending on or after the date the act becomes law.

    Employment and Retirement
    GS 97
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