NC General Statutes

N.C. Gen. Stat. § 97-61.4 (2026)

Third examination and report

✓ current as of July 2026

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As soon as practicable after the expiration of two years from the first examination and when ordered by the Industrial Commission, the employee shall appear before the advisory medical committee, or at least two of them, for final X rays and physical examination. Upon completion of this examination and within 30 days, the advisory medical committee shall make a written report setting forth:

(1) The X rays and clinical procedures used by the committee.

(2) To what extent, if any, has the damage to the employee's lungs due to asbestosis or silicosis changed since the first examination.

(3) The opinion of the committee, expressed in percentages, with respect to the extent of impairment of the employee's ability to earn in the same or any other employment the wages which the employee was receiving at the time of his last injurious exposure to asbestosis or silicosis.

(4) Any other matter deemed pertinent by the committee.

Said report shall be filed in triplicate with the Industrial Commission which shall send one copy thereof to the claimant and one copy to the employer by registered mail or certified mail. (1935, c. 123; 1945, c. 762; 1955, c. 525, s. 2; 1959, c. 863, s. 3.)

Notes of Decisions

Cited in 3 cases, 1957–1996 · leading case: Davis v. NC Granite Corp., 131 S.E.2d 335 (N.C. 1963).

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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). “3) on 26 May 1957 and a third medical examination (G.S. 97-61.4) on 26 May 1958. It then provides that the Commission shall, following the third medical report, set the cause for hearing to determine what additional compensation, if any, plaintiff is entitled to recover.”

Hicks v. Leviton Mfg. Co., 466 S.E.2d 78 (N.C. Ct. App. 1996). · cites it 2× “6, after the third examination required by G.S. § 97-61.4. Consistent with the rationale of Gupton and Whitley , we hold that a claimant who has received benefits pursuant to G.”

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