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North Carolina: Medical motions, mediation rules to take effect Jan. 1
The Industrial Commission adopted a new rule on medical motions and emergency medical motions and amended the rules on mediated settlement and neutral evaluation conferences.
The rule sets the procedures for making these motions. Electronic filing is required unless electronic submission is unavailable to the party. The rule also allows a party to file a request for an administrative ruling on a medical motion. A party may appeal an order by giving a notice of appeal to the full commission within 15 days of receipt of the order or receipt of the ruling on a motion to reconsider the order. The rule also lists the requirements of what must be contained in emergency medical motions. The new rule is effective on Jan. 1, 2011. For full text of the new rules, visit www.ic.nc.gov/ncic/pages/Final-Rules-20101014.pdf. The Industrial Commission adopted amendments to rules regarding mediated settlement and neutral evaluation conferences. The rule states that the mediation conference shall be scheduled within 120 days of the mediation order. Evidence of statements made occurring in a mediated settlement conference are not admissible in any proceeding except for proceedings for sanctions of the attendance or payment of mediation fee, proceedings to enforce or rescind a settlement of the action, disciplinary proceedings before any agency enforcing standards of conduct for mediators, or in proceedings to enforce laws concerning juvenile or elder abuse. The amendments also include a provision for foreign language interpreters in mediation conferences. The amendments are effective on Jan. 1, 2011. For full text of the amendments, visit www.ic.nc.gov/ncic/pages/Final-Rules-20101014.pdf.
December 16, 2010 Copyright 2010© LRP Publications |
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