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NC General Statutes

N.C. Gen. Stat. § 97-59 (2026)

Employer to pay for treatment

✓ current as of July 2026
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Medical compensation shall be paid by the employer in cases in which awards are made for disability or damage to organs as a result of an occupational disease after bills for same have been approved by the Industrial Commission.

In case of a controversy arising between the employer and employee relative to the continuance of medical, surgical, hospital or other treatment, the Industrial Commission may order such further treatments as may in the discretion of the Commission be necessary. (1935, c. 123; 1945, c. 762; 1973, c. 1061; 1981, c. 339; 1991, c. 703, s. 5.)

 

§ 97-60: Repealed by Session Laws 2003-284, s. 10.33(a), effective July 1, 2003.

 

Notes of Decisions
Cited in 15 cases, 1981–2016 · leading case: Little v. Penn Ventilator Co., 345 S.E.2d 204 (N.C. 1986).
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Little v. Penn Ventilator Co., 345 S.E.2d 204 (N.C. 1986). · cites it 15× “Smith applied the 1970 version of N.C.G.S. § 97-59 1 rather than § 97-25. N.”
Smith v. Am. & Efird Mills, 290 S.E.2d 634 (N.C. 1982). · cites it 24× “97-25 and G.S. 97-59 each contained provisions applicable to an employee's entitlement to an award for medical expenses.”
Joyner v. Rocky Mount Mills, 355 S.E.2d 161 (N.C. Ct. App. 1987). · cites it 28× “All that is clear from this record is that the Deputy Commissioner never awarded medical expenses; that the plaintiff did not appeal from the Deputy Commissioner's opinion and award; and that the sole issue on appeal before the full Commission was the propriety of the amounts…”
Harrell v. Harriet & Henderson Yarns, 336 S.E.2d 47 (N.C. 1985). · cites it 5× “97-59 requires an employer to provide medical treatment "in cases in which awards are made for disability or damage to organs as a result of occupational disease.”
Joyner v. Rocky Mount Mills, 374 S.E.2d 610 (N.C. Ct. App. 1988). · cites it 4× “The question which plaintiff wished to raise in a hearing before the Commission is addressed by G.S. 97-59, which in pertinent part states: Medical, surgical, hospital, nursing services, medicine, sick travel, rehabilitation services and other treatment as may reasonably be…”
Heffner v. Cone Mills Corp., 349 S.E.2d 70 (N.C. Ct. App. 1986). · cites it 3× “97-59 requires the Commission to award expenses for future medical treatment to an employee who suffers from an occupational disease for so long as that treatment will either “lessen the period of disability” or “provide needed relief.” Smith v. American & Effird Mills, 305 N.”
Palmer v. Jackson, 579 S.E.2d 901 (N.C. Ct. App. 2003). · cites it 2× “See N.C. Gen. Stat. § 97-59 (2001) (stating “[m]edical compensation shall be paid by the employer in cases in which awards are made for disability or damage to organs as a result of an occupational disease after bills for same have been approved by the Industrial Commission”).”
Robinson v. JP Stevens & Co., Inc., 292 S.E.2d 144 (N.C. Ct. App. 1982). · cites it 2× “97-25 and G.S. 97-59, as in effect at the time of the injury, appear to support the award, because they allow payments only so long as treatment will “tend to lessen the period of disability.”
Hauser v. Advanced Plastiform, Inc., 514 S.E.2d 545 (N.C. Ct. App. 1999). · cites it 2× “Our Court stated: [T]he Deputy Commissioner made no award for medical expenses pursuant to G.S. 97-59 and plaintiff never appealed from that opinion and award.”
Rainey v. City of Charlotte, 785 S.E.2d 766 (N.C. Ct. App. 2016). · cites it 2× “*594 The North Carolina Industrial Commission dismissed plaintiff's claim for benefits for an occupational disease, concluding that plaintiff failed to timely file his claim pursuant to N.C. Gen.Stat. § 97-59(c). We affirm. *595 I.”
Smith v. Am. & Efird Mills, 277 S.E.2d 83 (N.C. Ct. App. 1981). “97-25 or G.S. 97-59, but G.S. 97-29 makes separate provision for medical expenses in cases of total and permanent disability.”
Bolick v. ABF Freight Sys., Inc., 654 S.E.2d 793 (N.C. Ct. App. 2008). “00 per week for the remainder of his life; and (4) plaintiff is entitled, pursuant to § 97-59, to have defendant pay for “medical expenses incurred, when timely submitted, or to be incurred, as a result of plaintiffs asbestos-related disease and asbestosis, as may be required to…”
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— N.C. Gen. Stat. § 97-59(c) — 1 case
Rainey v. City of Charlotte, 785 S.E.2d 766 (N.C. Ct. App. 2016). “*594 The North Carolina Industrial Commission dismissed plaintiff's claim for benefits for an occupational disease, concluding that plaintiff failed to timely file his claim pursuant to N.C. Gen.Stat. § 97-59(c). We affirm. *595 I.”
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