The North Carolina Industrial Commission announced several rule changes. The most impactful change is related to when a First Report of Injury by a Form 19 is required. The Commission is accepting public comment for this and other changes.
The Commission notes in a notice of the proposed rulemaking that the intent of the rule change is to provide clarity on when a first report of injury (Form 19). Specifically, the Commission proposed in 11 NCAC 23A .0104 adds that a Form 19 must be filed when an employee is absent from work more than one day as a result of a work injury or medical compensation paid by the employer or carrier exceeds $4,000.00. Previously, the Rules did not specify the conditions for filing a Form 19. However, the previous threshold was set at $2,000.00 in 1992.
In a Fiscal Note, the Commission explained that this would have an economic benefit of reducing processing of form work by the Commission. In addition, the Commission states the change will reduce the burden on employers for filing excessive Form 19s for minor claims. In addition, the fiscal note points to the reduced costs incurred by carriers as a result of the rule change. The Commission stated that informal feedback was sought from stakeholders affected by the change (representatives for employees, employers and carriers) and that there was overall support for the change.
A public hearing for this Rule change and other minor rule changes was held on January 30, 2020. The Commission has provided a transcript of the meeting. The Commission will accept further comment through March 16, 2020 by sending an email to Gina Cammarano, Rulemaking Coordinator via e-mail at firstname.lastname@example.org or via U.S. mail at 1240 Mail Service Center, Raleigh, NC 27699-1240.