NCBA WC Section Update – January 2021

By Barry Jennings

I hope everyone had an enjoyable holiday season despite all the challenges we continue to face from this enduring pandemic. The Workers’ Compensation Section of the North Carolina Bar Association held its quarterly meeting on January 26, 2021. Several updates came out of the meeting and I wanted to share them with everyone.

Next week, beginning Thursday afternoon, February 4, 2021, the Section is holding its Spring CLE event. This event would typically be held at the Grandover in Greensboro but will be broadcast virtually this year. If you have not signed up, more information can be found here. Jeanette Byrum and Sherman Criner have put together an outstanding program this year with many varied topics. Additionally, if you are a Section member, you will receive a reduced rate!

The North Carolina Industrial Commission presented numerous updates at our recent meeting, and a summary can be found here. Vice Chair Myra Griffin, Chief Deputy Commissioner Tammy Nance and Special Deputy Commissioner Michael Kelly informed the Council of the various changes. Recently, Interim Chief Deputy Commissioner Nance was appointed to the permanent role of Chief Deputy Commissioner. She continues to hold the role of Claims Administrator, but a search is on for her replacement in that role. Law Clerk April Gladkin has been named the Full Commission’s Lead Clerk and Trial Court Administrator. Additionally, Larry D. Hall has been named a Deputy Commissioner.

Numerous Industrial Commission Rule amendments went into place on December 1, 2020, and additional amendments will be going into place March 21, 2021. These amendments include a revision to the Form 26A. This amendment requires a job description be presented to the Industrial Commission if a Form 26A is submitted for approval and the injured worker has permanent restrictions but has returned to work with the employer of accident. Further information regarding these rules can be found in the Latest News section of the NCIC Website.

The Industrial Commission has resources on its website available to practitioners who have questions about videoconference hearings. The Industrial Commission and the Workers’ Compensation Section coordinated with Deputy Commissioner Kevin Howell for a presentation on the basics of a WebEx hearing that was given in the Fall of 2020. You can view the recording of that presentation here. Additional information about Full Commission hearings, WebEx hearings and mediations can also be found on the NCIC website.

Finally, the Section is in the process of nominating future council members. The Council will be appointing at least six new members to begin serving in July 2021. This includes three plaintiffs’ attorneys and three defense attorneys. If you have any interest in membership on the Council or questions about what being a council member entails, please feel free to reach out to me at [email protected] or Cheyenne Merrigan with the NCBA at [email protected].