Philip Baddour

The North Carolina Industrial Commission held a public hearing to receive comments on proposed amendments to rules in 11 NCAC 23A and 11 NCAC 23B. The proposed changes include adoptions, amendments, and the repeal of certain rules related to workers' compensation and state tort claims. Key discussion points included the convenience and needs of the Department of Public Safety (DPS) regarding the scheduling of video hearings, the impact of hearing schedules on prison operations, and concerns about the safety and security of staff during live tort hearings at Central Prison. The hearing also addressed the use of videoconferencing equipment for various internal needs within the Department of Public Safety, such as parole hearings, disciplinary hearings, and psychological encounters.

The North Carolina Industrial Commission held a public hearing regarding proposed amendments and one repeal in Subchapter 11 NCAC 23A. The hearing was to receive public comments on thirteen proposed rule amendments and one rule repeal, as published in the North Carolina Register on August 15, 2018. The proposed amendments reflect changes the Commission felt were necessary to improve and clarify the rules, provide for increased efficiency, or update the rules to reflect current practices. The Industrial Commission proposes to repeal Rule 11 NCAC 23A .0618 because it is unnecessary, as the Code of Judicial Conduct applies to Commissioners and Deputy Commissioners.

The North Carolina Industrial Commission held a public hearing regarding proposed rulemaking, including adoptions, amendments, and repeals to rules governing state tort claims. The purpose was to receive public comments on these proposed changes, which aim to improve, clarify, increase efficiency, and update the rules. Key discussion points included proposed adoptions, amendments, and repeals with a proposed effective date. The Commission also discussed electronic filing requirements.

The North Carolina Industrial Commission held a public hearing regarding proposed temporary rulemaking to amend Rule 04 NCAC 10J .0103. The discussion involved the effects of a court decision on medical fee schedules for ambulatory surgery centers, potential cost implications, and the need to restore balance to the workers' compensation system. Stakeholders presented arguments for and against the proposed rule, focusing on reimbursement rates, access to surgical care, and the methodology for determining fees for procedures not covered by Medicare.

The North Carolina Industrial Commission held a public hearing regarding proposed temporary rulemaking in Subchapter 11 NCAC 23G .0104. The hearing addressed the amendment of Rule 11 NCAC 23G .0104 under temporary rulemaking, initiated alongside emergency rulemaking under the APA. The proposed temporary rulemaking is motivated by a recent court order amending mediation rules for Superior Court civil actions, making remote mediation the default method, and the need to align the Industrial Commission's mediation rules accordingly. The hearing included discussion of the potential risks associated with in-person mediations during the COVID-19 pandemic.