AN ACT TO CLARIFY WHEN NOTICES OF CANCELLATION OF WORKERS' COMPENSATION POLICIES ARE PRESUMED EFFECTIVE AND COMPLETE AND TO PROVIDE THE PROCEDURE TO BE FOLLOWED WHEN THE DEPUTY OR MEMBER OF THE COMMISSION THAT HEARD THE PARTIES AT ISSUE AND THEIR REPRESENTATIVES AND WITNESSES IS UNABLE TO DECIDE THE CASE AND ISSUE AN AWARD. Enacted July 20, 2017. Effective July 20, 2017.
CLARIFY WORKERS' COMP. POLICY CANCELLATION.
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View NCGA Bill Details | 2017-2018 Session |
AN ACT TO CLARIFY WHEN NOTICES OF CANCELLATION OF WORKERS' COMPENSATION POLICIES ARE PRESUMED EFFECTIVE AND COMPLETE AND TO PROVIDE THE PROCEDURE TO BE FOLLOWED WHEN THE DEPUTY OR MEMBER OF THE COMMISSION THAT HEARD THE PARTIES AT ISSUE AND THEIR REPRESENTATIVES AND WITNESSES IS UNABLE TO DECIDE THE CASE AND ISSUE AN AWARD.Intro. by Bishop, Daniel, Clark.
Bill History:
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Wed, 29 Mar 2017 Senate: Filed
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Thu, 30 Mar 2017 Senate: Passed 1st Reading
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Thu, 30 Mar 2017 Senate: Ref To Com On Rules and Operations of the Senate
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Tue, 11 Apr 2017 Senate: Withdrawn From Com
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Tue, 25 Apr 2017 Senate: Reptd Fav Com Substitute
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Tue, 25 Apr 2017 Senate: Com Substitute Adopted
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Tue, 25 Apr 2017 Senate: Re-ref Com On Rules and Operations of the Senate
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Wed, 26 Apr 2017 Senate: Reptd Fav
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Wed, 26 Apr 2017 Senate: Placed on Today's Supplemental Calendar
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Wed, 26 Apr 2017 Senate: Passed 2nd Reading
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Wed, 26 Apr 2017 Senate: Passed 3rd Reading
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Thu, 27 Apr 2017 Senate: Regular Message Sent To House
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Thu, 27 Apr 2017 House: Regular Message Received From Senate
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Thu, 27 Apr 2017 House: Passed 1st Reading
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Thu, 27 Apr 2017 House: Ref To Com On Rules, Calendar, and Operations of the House
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Tue, 13 Jun 2017 House: Withdrawn From Com
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Tue, 13 Jun 2017 House: Re-ref Com On Judiciary I
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Fri, 16 Jun 2017 House: Serial Referral To Insurance Added
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Mon, 26 Jun 2017 House: Reptd Fav Com Substitute
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Mon, 26 Jun 2017 House: Serial Referral To Insurance Stricken
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Mon, 26 Jun 2017 House: Cal Pursuant Rule 36(b)
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Mon, 26 Jun 2017 House: Placed On Cal For 06/27/2017
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Tue, 27 Jun 2017 House: Passed 2nd Reading
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Tue, 27 Jun 2017 House: Passed 3rd Reading
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Tue, 27 Jun 2017 House: Special Message Sent To Senate
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Tue, 27 Jun 2017 Senate: Special Message Received For Concurrence in H Com Sub
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Tue, 27 Jun 2017 Senate: Placed On Cal For 06/28/2017
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Wed, 28 Jun 2017 Senate: Concurred In H/Com Sub
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Wed, 28 Jun 2017 Senate: Ordered Enrolled
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Thu, 29 Jun 2017 Ratified
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Thu, 29 Jun 2017 Pres. To Gov. 6/29/2017
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Thu, 20 Jul 2017 Signed by Gov. 7/20/2017
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Thu, 20 Jul 2017 Ch. SL 2017-150
Bill Summaries:
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Bill S 489 (2017-2018)Summary date: Jul 25 2017 - View Summary
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Bill S 489 (2017-2018)Summary date: Jun 26 2017 - View Summary
House committee substitute makes the following changes to the 1st edition:
Amends the long title.
Amends GS 58-36-105 (Certain workers' compensation insurance policy cancellations prohibited). Deletes the proposed provision that, within three business days of cancellation of a workers' compensation insurance policy under this statute, the insurer must provide notice by first-class mail to any person to whom the insurer has provided a certificate of insurance under GS 97-19.
Amends GS 97-84 (Determination of disputes by Commission or deputy). Provides that if a deputy or member of the NC Industrial Commission that heard a dispute is unable to determine the matters in dispute and issue an award, the Commission may assign another deputy or member to decide the case and issue an award. Makes a technical change. Effective when the bill becomes law, and applies to claims pending on or after the effective date of this act.
The remainder of the act is effective when it becomes law and applies to notices of cancellation of workers' compensation policies sent on or after that date.
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Bill S 489 (2017-2018)Summary date: Apr 26 2017 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Deletes the proposed changes to GS 58-36-105(b) and instead provides as follows. Specifies that notice of intent to cancel a workers' compensation policy given by registered or certified mail is conclusively presumed completed three days after the notice is sent if, on the same day that the notice is sent by registered or certified mail, the insurer also provides notice by first‑class mail and by electronic means if available to the insured and any other person designated in the policy to receive notice. Provides that a supplemental notice given by electronic means is effective for the limited purpose of establishing this conclusive presumption. Requires that the insurer give notice via first class mail to any person to whom the insurer has provided a certificate of insurance, within three business days of cancellation.
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Bill S 489 (2017-2018)Summary date: Apr 25 2017 - View Summary
To be summarized.
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Bill S 489 (2017-2018)Summary date: Mar 29 2017 - View Summary
Current law, GS 58-36-105(b), establishes that any cancellation of workers' compensation policies permitted by the statute are not effective unless the specified written notice of cancellation has been given to the insured no less than 15 days before the proposed effective date of the cancellation. Current law adds that whenever notice of intention to cancel is given by registered or certified mail, no cancellation by the insurer is effective unless and until that method is employed and completed. This act adds a provision establishing that a notice of intent to cancel a workers' compensation policy must be conclusively presumed three days after the notice is sent if the insurer also provides notice by electronic means as defined in GS 58-2-255(a), or by first-class mail to the insured.
Current law, GS 58-2-255(b), establishes that when any insurance law of the State requires a communication to be provided to a party in writing, signed by a party, provided by means of a specific delivery method, or retained by an insurer, these requirements are satisfied if the insurer complies with Article 40 of GS Chapter 66. Current law excepts from this provision the cancellation, termination, or nonrenewal of workers' compensation policies pursuant to GS 58-36-105(b). This act removes the exception for cancellation, termination, or nonrenewal of workers' compensation policies pursuant to GS 58-36-105(b).
Applies to notices of cancellation of workers' compensation policies sent on or after the date the act becomes effective.
House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO CLARIFY WHEN NOTICES OF CANCELLATION OF WORKERS' COMPENSATION POLICIES ARE PRESUMED EFFECTIVE AND COMPLETE.