N.C. Gen. Stat. » Chapter 97
NC General Statutes

N.C. Gen. Stat. § 97-32.1 (2026)

Trial return to work

✓ current as of July 2026
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Notwithstanding the provisions of G.S. 97-32, an employee may attempt a trial return to work for a period not to exceed nine months. During a trial return to work period, the employee shall be paid any compensation which may be owed for partial disability pursuant to G.S. 97-30. If the trial return to work is unsuccessful, the employee's right to continuing compensation under G.S. 97-29 shall be unimpaired unless terminated or suspended thereafter pursuant to the provisions of this Article. (1993 (Reg. Sess., 1994), c. 679, s. 4.1.)

 

Notes of Decisions
Cited in 16 cases, 1998–2017 · leading case: McRae v. Toastmaster, Inc., 597 S.E.2d 695 (N.C. 2004).
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McRae v. Toastmaster, Inc., 597 S.E.2d 695 (N.C. 2004). · cites it 3× “§ 97-32 (2003) (refusal of injured employee to accept suitable employment shall result in suspension of compensation); and N.C.G.S. § 97-32.1 (2003) (if an employee’s trial return to work is unsuccessful, his or her right to continuing compensation shall be unimpaired unless…”
Bell v. Goodyear Tire & Rubber Co., 798 S.E.2d 143 (N.C. Ct. App. 2017). · cites it 21× “§ 97-29 is terminated because the employee has returned to work for the same or a different employer, such termination is subject to the trial return to work provisions of N.C. Gen. Stat. § 97-32.1 ." Workers' Comp.”
Burchette v. East Coast Millwork Distributors, Inc., 562 S.E.2d 459 (N.C. Ct. App. 2002). · cites it 12× “” N.C. Gen. Stat. § 97-32.1 (1999). There is no language in the General Statutes or in the IC Rules which mandates that the employee file a form with the Industrial Commission, Form 28U or otherwise, in order to have the employee’s benefits reinstated.”
Lewis v. Sonoco Prods. Co., 526 S.E.2d 671 (N.C. Ct. App. 2000). · cites it 9× “1 (b) and N.C. Gen. Stat. § 97-32.1 .” On the Form 28T, defendants explained: “Employee has returned to work for other employer and in self-employed capacity without employer’s knowledge.”
Richardson v. Maxim Healthcare/Allegis Grp., 657 S.E.2d 34 (N.C. Ct. App. 2008). · cites it 8× “N.C. Gen.Stat. § 97-32.1 (2001) (emphasis added).”
Jenkins v. Pub. Serv. Co. of NC, 518 S.E.2d 6 (N.C. Ct. App. 1999). · cites it 10× “" N.C.G.S. § 97-32.1 (Supp.1998). "If the trial return to work is unsuccessful, the employee's right to continuing compensation under G.”
Stamey v. N.C. Self-Ins. Guar. Ass'n, 507 S.E.2d 596 (N.C. Ct. App. 1998). · cites it 5× “See N.C.G.S. § 97-32.1 (Supp. 1997) (providing that “an employee may attempt a trial return to work for a period not to exceed nine months” without losing her right to continuing compensation); 3 Kisiah, 124 N.”
Oliver v. Lane Co., 544 S.E.2d 606 (N.C. Ct. App. 2001). · cites it 2× “N.C. Gen. Stat. § 97-32.1 . The wages plaintiff earned at Food Lion are not indicative of her wage earning capacity.”
Davis v. Hospice & Palliative Care, 692 S.E.2d 631 (N.C. Ct. App. 2010). · cites it 4× “Defendants first argue they were improperly denied the ability to present evidence on plaintiff’s motion to reinstate total disability compensation after her unsuccessful trial return to work.”
Moore v. City of Raleigh, 520 S.E.2d 133 (N.C. Ct. App. 1999). · cites it 2× “” The full Industrial Commission proceeded to find that plaintiff’s return to work in May 1995 was a failed trial return to work under N.C. Gen. Stat. § 97-32.1 (1991) because plaintiff was unable to perform all the duties of a police officer and took disability retirement…”
Watts v. Hemlock Homes of the Highlands, Inc., 544 S.E.2d 1 (N.C. Ct. App. 2001). · cites it 2× “On 26 February 1996, defendants executed another Industrial Commission Form, Form 62, “Notice of Reinstatement of Compensation Pursuant to N.C. Gen. Stat. § 97-32.1 or N.C. Gen. Stat.”
Coe v. Haworth Wood Seating, 603 S.E.2d 549 (N.C. Ct. App. 2004). · cites it 2× “Plaintiff contends, however, that the statute and rule governing trial return to work ( N.C. Gen. Stat. § 97-32.1 and Rule 404A) do not apply here, because plaintiff was not receiving benefits.”
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