COVID-19 Legal Update: North Carolina

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Workers' Compensation Administrative board/ commission

Industrial Commission

 

How does the state define an occupational disease?

"The following diseases and conditions only shall be deemed to be occupational diseases within the meaning of this Article:... Any disease... which is proven to be due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation or employment, but excluding all ordinary diseases of life to which the general public is equally exposed outside of the employment."" NC WC Act §97-53
Higgs v. Southeastern Cleaning Service, 122 N.C. App. 456, 470 S.E.2d 337 (1996) Carroll v. Town of Ayden, 160 N.C. App. 637, 586 S.E.2d 822 (2003)."

 

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

NC Industry Commission Updates (includes Telemedicine, Hearings, Deadlines, Filing Requirements, etc)

NC DOI Updates (insurers, businesses, bulletins, advisories, etc)

NC DHHS Updates

DOI Advisory to Insurance Companies Relaxing Premium Due Dates
     March 24, 2020

DOI Memo on Licensing & CE for Producers & Adjusters
     April 3, 2020

Insurance Commissioner Letter Regarding Business Interruption
     April 9, 2020

DOI Guidelines for Submitting COVID-19 Filings
     April 14, 2020

DOI Temporary Licensing Instructions
     April 17, 2020

Insurance Commissioner Extends Order on Premiums & Dept Referrals
     April 21, 2020

FAQs on DOI Extended Order
     April 23, 2020

Insurance Commissioner Extends Reporting Deadline to 5/30/20
     April 21, 2020

Enacted Legislation: Civil Liability Immunity Provision to Any Essential Business During Emergency Order
     May 4, 2020

Insurance Commissioner Mediation Policy Effective 6/16/20
     June 8, 2020

Industrial Commission: August 2020 Deputy Commissioner Docket Update
     July 1, 2020

Industrial Commission's Guidelines for In Person Hearings
     July 2, 2020

Court Closures & Modified Call

Procedural Rules Revisions

 

Is the administrative court system closed or open?

Open.   Policies for full hearings starting 6/1/20.  Deputy Commissioner Hearings are resume in June 2020 via Webex. Full Commission Hearings will be telephonic.

 

Does this state have a shelter-in-place in order?

No - order was 3/30/20 to 5/8/20; phased re-opening began 5/8/20.

 

ANY STATE-SPECIFIC GUIDANCE ON DISABILITY, UNEMPLOYMENT, OR HEALTH BENEFITS FOR COVID-19? 

Unemployment.

 

Last Updated: 7/14/2020