18 Sep IMPORTANT CHANGES IN NCIC FILING RULES – FILING OF MOTIONS/RESPONSES FOR ANOTHER PERSON OR ENTITY MUST BE BY MADE BY NC LICENSED ATTORNEY
The Commission now requires attorney representation for some filings which could previously be handled by claims adjusters. The Industrial Commission now no longer accepts filings of any motion or response to a motion on behalf of another person or entity by anyone other than a licensed North Carolina attorney. The filings previously accepted if filed by a claims representative but now require filing by a licensed North Carolina attorney include, but are not limited to:
- Form 24 Applications;
- Responses to Form 23 Applications;
- Responses to Forms 28U;
- Response to Forms 18M;
- Medical Motions, including Motions to Compel Compliance with Medical Treatment or Vocational Rehabilitation;
- Responses to Medical Motions; and,
- Any other Motion or Response seeking relief or asserting a defense.
In the event anyone other than a licensed North Carolina attorney submits such a filing, the Industrial Commission will reject the filing and send the filer a letter similar to the notification linked here. The Industrial Commission has concluded the filing of such motion or motion response on behalf of another person or entity constitutes the practice of law; and, if filed by anyone other than an attorney, the filing constitutes the unauthorized practice of law.
It is important to be aware of this change in the Industrial Commission practices to ensure timely filing of accepted Responses and Motions. Please contact Sizemore McGee, PLLC well in advance of filing deadlines to ensure timely filings can be made.
As always, we welcome any questions you may have.