Rule Changes.  The IC announced ten new rule changes that went into effect February 1, 2016.  A complete list of the rules in their entirety can be found on the NCIC website at www.ic.nc.gov.  Most of the changes pertain to motions and applications filed by attorneys. However, Rule 04 NCAC 10A.0108sets forth requirements for filing forms/documents via the Commission’s Electronic Document Filing Portal versus forms/documents to be filed via email and is probably the most important change for claims handlers. Attached please find a copy of this new rule for easy reference.   Medical motions, other motions and other documents sent to other sections of the IC are to be emailed to different addresses as indicated in the full rule on the IC website.
Click here to view the rule.
 
Appointment of New Chairman. Chair Andrew Heath will be leaving the IC to take on the role of the state Budget Director.  Governor Pat McCrory has named Commissioner Charlton Allen as his replacement.
 
New Deputy Commissioners.  Five deputy commissioners were appointed for six year terms effective February 2, 2016.  Current deputy commissioners Thomas Perlungher and John C. Schafer were re-appointed.  The three new appointees include Brian LiVecchi, Dane Scalise and Tyler Younts.  LiVecchi comes to the IC from the State Board of Elections where he served as Special Counsel.  He is a veteran of the US Marines and NC Army National Guard and graduated first in his class at Campbell University School of Law. Scalise worked as a solo practitioner in Wilmington, NC and is a graduate of UNC School of Law.  Younts joined the IC in 2014 as a law clerk to Commissioner Charlton Allen.  He attended Campbell School of Law.
 
Employee Classification Section.  A new division has been created under the Employee and Employer Fairness Initiative titled “The Employee Classification Section.” The purpose of this section is to identify businesses that improperly classify employees as independent contractors and streamline this information to other state agencies in order that proper action can be taken against these entities. According to Governor Pat McCrory, “The Employee Classification Section will be North Carolina’s watchdog against unethical businesses that attempt to skirt our state’s laws.  Breaking down silos to share information enables state regulators to effectively investigate violations without unnecessarily burdening the workforce and business community with additional laws and regulations.” Bradley Hicks, who is the former deputy director of the North Carolina Department of Administration’s Office for Historically Underutilized Businesses, has been named as the head of this new section.