Workers' Compensation Rules
of the N.C. Industrial Commission

ARTICLE V. AGREEMENTS

1. To facilitate the prompt payment of compensation within the time prescribed in N.C. Gen. Stat. §97-18, the Industrial Commission will accept memoranda of agreements on Industrial Commission forms.
    
2. No agreement for permanent disability will be approved until the material medical and vocational records known to exist in the case have been filed with the Industrial Commission. When requested by the Industrial Commission, the parties shall file any additional documentation necessary to determine whether the employee is receiving the disability compensation to which he or she is entitled and that an employee qualifying for disability compensation under both N.C. Gen. Stat. §97-29 or §97-30 and N.C. Gen. Stat. §97-31 has the benefit of the more favorable remedy.
    
3. All memoranda of agreements must be submitted to the Industrial Commission in triplicate on Industrial Commission forms, as specified in paragraph 6 below. Agreements in proper form and conforming to the provisions of the Workers’ Compensation Act will be approved by the Industrial Commission and a copy returned to the employer or carrier/administrator and a copy sent to the employee, unless amended by award, in which event a copy of the award will be returned with the agreement.
    
4. The employer or carrier/administrator, or the attorney of record, if any, shall provide the employee and the employee’s attorney of record, if any, a copy of a Form 21, Form 26, Form 26D, and Form 30, when the employee signs said forms, and the employer or carrier/administrator will send a copy of a Form 28B to the employee and the employee’s attorney of record, if any, within 16 days after the last payment of compensation for either temporary or permanent disability, pursuant to N.C. Gen. Stat. §97-18.
    
5. All memoranda of agreements for cases which are currently calendared for hearing before a Commissioner or Deputy Commissioner shall be sent directly to that Commissioner or Deputy Commissioner. Before a case is calendared, or once a case has been continued, or removed, or after the filing of an Opinion and Award, all memoranda of agreements shall be directed to the Claims Section of the Industrial Commission.
    
6. After the employer or carrier/administrator has received a memorandum of agreement which has been signed by the employee and employee’s attorney of record, if any, it shall have 20 days within which to submit the memorandum of agreement to the Industrial Commission for review and approval or within which to show good cause for not submitting the memorandum of agreement signed only by the employee; provided, however, that for good cause shown, the 20 day period may be extended.

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