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NC H26

Bill

Status

Passed

7/20/2017

Primary Sponsor

Samuel Watford

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Origin

House of Representatives

2017-2018 Session

AI Summary

  • Clarifies that injuries not identified on Commission forms under G.S. 97-18(b) or G.S. 97-18(d) are not presumed to be causally related to a compensable injury, reversing implications from the Wilkes v. City of Greenville court decision.

  • Requires employees to prove through a hearing under G.S. 97-84 that injuries or conditions not listed on the initial award forms are causally related to their compensable injury.

  • Modifies G.S. 97-90(f) to require the Industrial Commission to notify all of an employee's current and past attorneys of the total approved legal fee before determining how it will be divided between them.

  • Requires the Commission to hear fee division disputes between attorneys only after the settlement agreement has been approved by the Commission.

  • Effective when the law is signed and applies retroactively to claims accrued or pending prior to, on, or after the effective date.

Legislative Description

Workers' Comp/Approval of Disputed Legal Fees

Last Action

Ch. SL 2017-124

7/20/2017

Committee Referrals

Rules and Operations of the Senate6/13/2017
Judiciary6/1/2017
Rules and Operations of the Senate2/20/2017
Judiciary I1/30/2017

Full Bill Text

No bill text available