The Industrial Commission (informally called the NCIC, or sometimes super informally called just the IC) is the government agency which is in charge of handling all workersâ compensation claims. You may not realize this but workersâ compensation claims do NOT go to court. You will never see a judge or a jury in a workersâ compensation case.
If there is a dispute in your case it will be heard by a Deputy Commissioner. The Deputy Commissioner is like a judge. He or she will hear your side of the story, your employerâs side of the story, what the doctors have to say and then will file a written decision called an Opinion and Award.
The losing side on and Opinion and Award can file an appeal to the Full Commission. The Full Commission is a panel of three Commissioners who reconsider the evidence, which was presented to the Deputy Commissioner. The attorney for each side gets 20 minutes to tell the Full Commission what they should focus on, and the Commissioners may very well be asking that attorney a lot of questions.
Deputy Commissioners are like judges for workersâ compensation. They have most of the powers of an elected judge. Their decisions are in writing and are called Opinions and Awards. A key difference between judges and deputy commissioners comes in how they get their jobs and how long they keep their jobs. Judges are elected and keep their jobs until there is a new election. Short of extreme situations when they are impeached a judge is certain to continue their term until the next election. That allows the judges to make decisions that they believe are consistent with the facts and the Constitution. Sometimes those decisions are unpopular. However only the public can remove a judge for making unpopular decisions â by voting the judge out.
Gov. McCrory and the new legislature recently passed a law which strips the deputy commissioners of this vital protection. Beginning in 2014 the Chairman of the Industrial Commission may terminate deputy commissioners at his sole discretion. We havenât seen the effects of this highly controversial law. But it is quite plausible that deputy commissioners may be more cautious in their decisions. This is particularly true while the current political climate seems, at least to us who have been doing workers compensation for many years, to be favoring employers and insurance companies.
Deputy Commissioners act as the primary judges within the workers compensation system. They hold the authority to hear evidence, make legal rulings, and issue formal written decisions known as Opinions and Awards.
They possess nearly all the same powers as an elected judge when presiding over cases. The main difference lies in their employment structure, as they are appointed rather than elected by the public.
This is the formal written decision issued by a Deputy Commissioner after reviewing your case. It is a binding document that determines the specific benefits and medical care you are entitled to receive under the law.
Previously, these officials had protected terms similar to traditional judges. Under current law, the Chairman of the Industrial Commission now has the sole discretion to terminate them at any time.
This change removes the vital protections that allow adjudicators to make unpopular decisions without fear of losing their jobs. It creates a risk that Deputy Commissioners may become more cautious, particularly in a political climate that often favors insurance companies.
Unlike elected judges who can only be removed by voters or through impeachment, Deputy Commissioners are now subject to the will of the Industrial Commission Chairman. This means their continued employment depends on the discretion of a single political appointee.
The transition to at will employment occurs during a period where the legislative environment appears to favor employers over injured workers. You should be aware that this structural shift could influence the landscape of legal proceedings and how benefits are awarded.
Deputy Commissioners serve as the primary adjudicators in the workers compensation system, wielding authority similar to that of traditional judges. Their written Opinions and Awards shape the lives of injured workers by determining the benefits and medical care provided under the law. While they perform judicial functions, the recent shift in their employment status creates a new landscape for legal proceedings. The transition from protected terms to at will employment under the Commission Chairman marks a significant change in how these officials maintain their roles. This structural shift highlights the importance of understanding the administrative framework that governs workplace injury claims.
Navigating a system where the decision makers lack the traditional job security of elected judges requires a strategic and informed approach. Because Deputy Commissioners can now be terminated at the discretion of the Chairman, the perceived independence of the office faces new scrutiny. Claimants must be prepared for a process where legal precedents and factual evidence are presented with the utmost precision. Ensuring that your case is documented thoroughly is more important than ever in this evolving environment. A clear understanding of these procedural nuances can help you anticipate the challenges inherent in a changing industrial commission.
Final recommendations for anyone involved in a workers compensation claim involve staying proactive and legally diligent throughout the entire litigation process. It is essential to recognize that while Deputy Commissioners aim for fairness, their administrative constraints have changed. You should focus on building a comprehensive record that can withstand various levels of review and scrutiny. Protecting your rights depends on a clear grasp of how these officials operate and the legal standards they must follow. By remaining vigilant and informed, you can better navigate the complexities of the current system and pursue a just outcome for your claim.
There are some limits to it but the Industrial Commission has a process for an expedited medical hearing. Weâre surprised that more lawyers do not take advantage of this. A traditional hearing can easily take a year before there is a decision in the case â when measured from the request for a hearing to when an Opinion and Award is filed by the deputy commissioner. The expedited medical hearings cut that time down to four to six weeks.
An extra benefit of this process is that you are not required to have a mediation before the hearing can take place. Donât get us wrong. Mediations are an excellent way for a client to better understand what his or her options are. But the scheduling and coordinating calendars can easily take three months. An adjuster shouldnât be allowed to hold off providing the medication the doctor prescribed for surgery for an extra three months. The Industrial Commission has referred to âadjusters practicing medicineâ when the insurance company refuses to go along with the doctor they chose. We donât believe that your health is like a salad bar where an adjuster should be permitted to pick and choose what treatments fancy her that day.
The Full Commission acts as the first level of an appeal from a deputy commissionerâs opinion and award. The Full Commission is comprised of six Commissioners. Unlike deputy commissioners, who must be lawyers, the commissioners have often not been lawyers. The governor appoints members of the Full Commission for a specific term of service. Gov. McCrory increased his influence on the current Full Commission by passing a law that reduced the length of service of certain commissioners appointed by previous governors. This will allow him to appoint an unusually large number of commissioners.
Appeals to the Full Commission involve the attorneys writing lengthy arguments and submitting them for review. The attorneys then go to Raleigh and have 20 minutes to make oral arguments to a panel of three commissioners.
While it is possible to appeal a Full Commission Opinion and Award to the North Carolina Court of Appeals, it is important to understand that the Full Commission has the authority to determine facts. The Court of Appeals will not reverse a finding of fact made by the Full Commission unless there is nothing to support that finding. If your boss is an outright liar and goes and commits perjury during the hearing and the Full Commission sides with the employer and insurance company and against you⊠the Court of Appeals is not going to reverse that. The Court of Appealsâ role is limited to reviewing questions of law. As a result, decisions of the Full Commission are usually the last word even when they are wrong.
A mediation, or a mediated settlement conference, is an informal meeting, usually in our office, where a neutral person (the mediator) hears our side of the story, your employersâ side of the story, and attempts to work out a compromise that everyone can live with. If your claim is denied, the Industrial Commission will likely order your case into mediation before it goes to a hearing. If your claim has gone on for a while the Commission may do the same thing to see if it can be wrapped up.
The important thing to know is that while participation is required if the Industrial Commission orders it any agreement is voluntary. That means that no one can MAKE you do anything at a mediation other than be there. If you do reach an agreement at the mediation, it will be written up and both sides will be asked to sign it. Once that happens there is no backing out.
Mediations sound scary but they arenât. Weâve done thousands of them and will guide you through it with as few jitters as possible.
The other thing to remember about a mediation is that it isnât necessarily about settling your case. Yes, that often happens. And it may be what the adjuster wants to see happen. But a lot of the time you and your case arenât really ready for a settlement. So the agreements we reach are steps in that direction: change of physicians, surgery approved, raising your weekly checks, etc. With that in place and another few monthsâ time maybe things will be better set for a settlement at fair value.
