Executive Secretary's Office

What We Do

The Executive Secretary's Office provides administrative rulings in cases not scheduled for a hearing before a Deputy Commissioner or the Full Commission and reviews and approves Compromise Settlement Agreements in cases not pending before a Deputy Commissioner or the Full Commission. Additionally, the Executive Secretary's Office reviews and approves Third-Party Distribution Orders.

Form Applications

The Executive Secretary's Office rules on various types of form applications, including the following:

Motions

The Executive Secretary's Office rules on various types of motions, including the following commonly filed motions:

Medical-Related Motions

Motions for a second opinion filed under N.C. Gen. Stat. §97-25(b)

Motions for a change of treating physician filed under N.C. Gen. Stat. §97-25(c)

Motions to compel compliance with medical treatment, including vocational rehabilitation, filed under N.C. Gen. Stat. §97-25(d)

Medical motions filed under N.C. Gen. Stat. §97-25(f) when an administrative ruling is sought

Motions related to communications with physicians filed under N.C. Gen. Stat. §97-25.6

Motions related to independent medical examinations, including motions to compel compliance, filed under N.C. Gen. Stat. §97-27(a)

Motions for a second opinion limited to the issue of the percentage of permanent disability filed under N.C. Gen. Stat. §97-27(b)

Motions for approval of emergency treatment under N.C. Gen. Stat. §97-25(e)

Discovery-Related Motions

Motions to comply with a Rule 11 NCAC 23A .0607 request

Motions to compel discovery responses filed under N.C. Gen. Stat. §97-80 and Rule 11 NCAC 23A .0605

Motions Related to Weekly Compensation Payments

Motions for timely issuance of weekly compensation filed under N.C. Gen. Stat. §97-18

Motions for late payment penalties filed under N.C. Gen. Stat. §97-18

Motions to reinstate compensation due to unilateral termination filed under N.C. Gen. Stat. §97-18 and N.C. Gen. Stat. §97-18.1

Motions to reinstate compensation due to unsuccessful trial return to work filed under N.C. Gen. Stat. §97-32.1 and Rule 11 NCAC 23A .0404A

Motions Related to Mileage Reimbursement

Motions for reimbursement of medically necessary travel filed under N.C. Gen. Stat. §97-2(19), N.C. Gen. Stat. §97-25(a) and Rule 11 NCAC 23J .0101(h)

Motions for Extensions of Time

Motions for an extension of time to respond to a motion filed under Rule 11 NCAC 23A .0609(i)

Other Administrative Motions

Motions to dismiss a claim filed under Rule 11 NCAC 23A .0616

Motions to add or dismiss a party filed under N.C. Gen. Stat. §97-79(e)

Compromise Settlement Agreements

The Executive Secretary's Office reviews and approves Compromise Settlement Agreements in cases not pending before a Deputy Commissioner or the Full Commission. Compromise Settlement Agreements are submitted by the attorney for the employer or carrier/administrator, and the submission must be accompanied by payment of the Compromise Settlement Agreement Fee or a Certification of Compromise Settlement Agreement Payment.

Third-Party Distribution Orders

The Executive Secretary's Office reviews and approves requests for an Order distributing a third-party settlement pursuant to N.C. Gen. Stat. §97-10.2.

The following documents should be included with every request for an Order distributing a third-party settlement:

Document reflecting the third-party settlement amount
Document from the workers' compensation carrier stating the amount the carrier is accepting in satisfaction of the lien
Attorney fee contract of the plaintiff's attorney in the third-party case
Itemized list of actual court costs and/or litigation expenses paid by the plaintiff's attorney in the third-party case
Proposed Order

Note: Requests for third-party distribution orders shall be filed electronically pursuant to the Industrial Commission's electronic filing rule, Rule 11 NCAC 23A .0108.