North Carolina § 97-84 - Determination of disputes by Commission or deputy.

§ 97-84. Determination of disputes by Commission or deputy.

The Commission or any of its members or deputies shall hear the parties at issue and their representatives and witnesses, and shall determine the dispute in a summary manner. The case shall be decided and findings of fact issued based upon the preponderance of the evidence in view of the entire record. The award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue shall be filed with the record of the proceedings, within 180 days of the close of the hearing record unless time is extended for good cause by the Commission, and a copy of the award shall immediately be sent to the parties in dispute. If the deputy or member of the Commission that heard the parties at issue and their representatives and witnesses 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. History (1929, c. 120, s. 58; 1951, c. 1059, s. 7; 1987, c. 729, s. 15; 2011-287, s. 20; 2017-150, s. 3.) Editor's Note. - Session Laws 2011-287, s. 1, provides: "This act shall be known as the 'Protecting and Putting North Carolina Back to Work Act.'" Session Laws 2011-287, s. 20, which added the second sentence, was applicable to claims arising on or after June 24, 2011. Session Laws 2017-150, s. 4, made the amendment to this section by Session Laws 2017-150, s. 3, effective July 20, 2017, and applicable to claims pending on or after the effective date of this act. Effect of Amendments. - Session Laws 2011-287, s. 20, effective June 24, 2011, and applicable to claims arising on or after that date, added the second sentence. Session Laws 2017-150, s. 3, inserted "or deputies" in the first sentence; substituted "The case shall be decided and findings of fact issued" for "The Commission shall decide the case and issue findings of fact" in the second sentence; deleted the former last sentence which read: "The parties may be heard by a deputy, in which event the hearing shall be conducted in the same way and manner prescribed for hearings which are conducted by a member of the Industrial Commission, and said deputy shall proceed to a complete determination of the matters in dispute, file his written opinion within 180 days of the close of the hearing record unless time is extended for good cause by the Commission, and the deputy shall cause to be issued an award pursuant to such determination." and added the present last sentence. For effective date and applicability, see editor's note. Legal Periodicals. - For comment on the 1951 amendment, which gave a deputy authority to make a complete determination of a dispute, see 29 N.C.L. Rev. 416 (1951). For article on administrative evidence rules, see 49 N.C.L. Rev. 635 (1971). For article, "Why Aren't You Working?: Medlin with Proof of Disability Under the North Carolina Workers' Compensation Act," see 38 Campbell L. Rev. 211 (2016).