When the Industrial Commission is advised by an employer or employee that an employee has or allegedly has asbestosis or silicosis, the employee, when ordered by the Industrial Commission, shall submit to X rays and a physical examination by the advisory medical committee or other designated qualified physician who is not a member of the advisory medical committee. The employer shall pay the expenses connected with the examination by the advisory medical committee or other designated qualified physician who is not a member of the advisory medical committee in such amounts as shall be directed by the Industrial Commission. Within 30 days after the completion of the examination, the advisory medical committee or other designated qualified physician shall submit a written report to the Industrial Commission setting forth:
(1) The X rays and clinical procedures used.
(2) Whether or not the claimant has contracted asbestosis or silicosis.
(3) The advisory medical committee's or designated qualified physician's opinion expressed in percentages of the impairment of the employee's ability to perform normal labor in the same or any other employment.
(4) Any other matter deemed pertinent.
When a competent physician certifies to the Industrial Commission that the employee's physical condition is such that his movement to the place of examination ordered by the Industrial Commission as herein provided in G.S. 97-61.1, 97-61.3 and 97-61.4 would be harmful or injurious to the health of the employee, the Industrial Commission shall cause the examination of the employee to be made by the advisory medical committee or other designated qualified physician as herein provided at some place in the vicinity of the residence of the employee suitable for the purposes of making such examination. (1935, c. 123; 1945, c. 762; 1955, c. 525, s. 2; 1973, c. 476, s. 128; 1989, c. 727, s. 219(15); 1997-443, s. 11A.37; 2003-284, s. 10.33(b).)
Notes of Decisions
Austin v. Cont'l Gen. Tire, 540 S.E.2d 824 (N.C. Ct. App. 2000).
· cites it 94× “In N.C. Gen.Stat. §§ 97-61.1 through -61.7, however, our Legislature has set forth an exception to this general rule.”
Clark v. ITT Grinnell Indus. Piping, Inc., 539 S.E.2d 369 (N.C. Ct. App. 2000).
· cites it 36× “The language in those sections refers to “an employee [who] has asbestosis or silicosis,” N.C. Gen. Stat. § 97-61.1 (Cum. Supp. 1998), and speaks generally to “employers.”
Pope v. Manville, 700 S.E.2d 22 (N.C. Ct. App. 2010).
· cites it 3× “2d 369, 376 (2000) (quoting N.C. Gen. Stat. § 97-61.1 ; N.C. Gen. Stat.”
Davis v. NC Granite Corp., 131 S.E.2d 335 (N.C. 1963).
“After the first such examination, the Commission may remove the employee from the industry, and the employee, by agreement of his employer or as a result of a hearing by the Commission to determine his right to compensation, may be awarded compensation for a period of 104 weeks.”
Pitman v. L. M. Carpenter & Assocs., 100 S.E.2d 231 (N.C. 1957).
“This finding was based on the Advisory Medical Committee’s report of the first examination (G.S. 97-61.1) made on 26 May 1956. He likewise found as a fact that plaintiff, when he terminated his employment with defendants, had voluntarily removed himself from any occupation which…”
Hicks v. Leviton Mfg. Co., 466 S.E.2d 78 (N.C. Ct. App. 1996).
· cites it 2× “When an employee and the Industrial Commission are advised that the employee may have contracted either disease, G.S. §§ 97-61.1 et seq. establish a procedure for aseries of examinations and reports by an advisory medical committee and an initial hearing by the Commission after…”
Austin v. Cont'l Gen. Tire, 648 S.E.2d 570 (N.C. Ct. App. 2007).
· cites it 2× “The issue at the first hearing was plaintiff’s entitlement to benefits under N.C. Gen. Stat. § 97-61.1 through 61.7. Under these statutes, “a diagnosis of asbestosis, for purposes of determining eligibility to receive benefits, is the equivalent of a finding of actual disability.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.