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Written by: Matt Flammia and Bruce Hamilton
The North Carolina Industrial Commission recently announced a stricter policy, which includes increased sanctions for failing to timely file a Form 60, 61 or 63. Pursuant to an October 2, 2017 Memorandum issued by the North Carolina Industrial Commission, effective December 1, 2017, there will be changes to the sanction amounts and processes for sanctions pursuant to N.C. Gen. Stat. § 97-18(j).
The amount sanctioned for failing to file a Form 60, 61 or 63 within thirty (30) days following notice from the Commission of the filing of the claim will increase from $200.00 to $400.00. Also, following an initial sanction of $400.00 for failing to timely file a Form 60, 61 or 63, Carriers/Employers have thirty (30) days to pay the sanction and file a Form 60, 61 or 63. Failure to do either action will result in an additional $200.00 sanction and the claim will be referred to an Enforcement Docket for potential additional sanctions.
Finally, all current cases that have already been assigned a $200.00 sanction need to be paid in full by November 30, 2017. Effective December 1, 2017, any case that has been assigned a $200.00 sanction that has been outstanding for more than thirty (30) days will be assigned an additional $200.00 sanction and be referred to the Enforcement Docket for additional sanctions.
The North Carolina Industrial Commission was tasked by the North Carolina General Assembly to ensure stricter compliance with N.C. Gen. Stat. § 97-18(j) with the hope that the new changes may lead to quicker dispositions of cases.
Handling Tip: We recommend all claims are reviewed to ensure they are in compliance with N.C. Gen. Stat. § 97-18(j), and there are no outstanding sanctions that have not been paid so an additional sanction is not assigned on December 1, 2017. Going forward, be sure that a Form 60, 61 or 63 is timely filed within thirty days after receiving notice from the Commission, and, if you are assessed with a penalty, that it is promptly paid and the requisite form is filed to avoid additional penalties. Any disputes or questions regarding sanctions should be addressed by e-mail to email@example.com.
Please contact one of our workers’ compensation attorneys if you have any questions about this recent announcement and subsequent change in policy.