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

N.C. Gen. Stat. § 97-83 (2026)

Commission is to make award after hearing

✓ current as of July 2026
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If the employer and the injured employee or his dependents fail to reach an agreement in regard to benefits under this Article within 14 days after the employer has written or actual notice of the injury or death, or upon the arising of a dispute under this Article, either party may make application to the Commission for a hearing in regard to the matters at issue, and for a ruling thereon.

Immediately after such application has been received the Commission shall set the date of a hearing, which shall be held as soon as practicable and shall notify the parties at issue of the time and place of such hearing. The hearing or hearings shall be held in the city or county where the injury occurred, unless otherwise authorized by the Commission. (1929, c. 120, s. 57; 1955, c. 1026, s. 121/2; 1977, c. 743; 1993 (Reg. Sess., 1994), c. 679, s. 3.3.)

 

Notes of Decisions
Cited in 36 cases, 1948–2019 · leading case: Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993).
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Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993). · cites it 6× “C.G.S. § 97-82 (memorandum of agreement between employee and employer "in regard to compensation" shall be filed with the Commission and becomes enforceable by court decree).”
Saums v. Raleigh Cmty. Hosp., 487 S.E.2d 746 (N.C. 1997). · cites it 6× “§ 97-83 provides, in pertinent part: [I]f [the employer and employee] have reached such an agreement [for disability payments] which has been signed and filed with the Commission, and compensation has been paid or is due in accordance therewith, and the parties thereto then…”
Charlotte-Mecklenburg Hosp. Auth. v. North Carolina Indus. Comm'n, 443 S.E.2d 716 (N.C. 1994). · cites it 9× “The next question is whether plaintiff hospitals’ claim should be dismissed for failure to exhaust administrative remedies. Defendants contend that where there is an adequate and complete statutory remedy, plaintiffs are not entitled to seek nonstatutory remedies pursuant to the…”
Calhoun v. Wayne Dennis Heating & Air Conditioning, 501 S.E.2d 346 (N.C. Ct. App. 1998). · cites it 7× “Commission showing compliance with N.C. Gen. Stat. § 97-83 [;] (8) Plaintiff is entitled to weekly compensation from August 14, 1996, until the present and continuing, in addition to a mandatory 10% penalty on all monies 14 days late, pursuant to N.”
Kisiah v. W.R. Kisiah Plumbing, Inc., 476 S.E.2d 434 (N.C. Ct. App. 1996). · cites it 3× “N.C. Gen. Stat. § 97-83 is unequivocal about the need for a hearing; it states if [the employer and employee] have reached such an agreement [for disability payments] which has been signed and filed with the Commission, and compensation has been paid or is due in accordance…”
Phillips v. U.S. Air, Inc., 463 S.E.2d 259 (N.C. Ct. App. 1995). · cites it 4× “Because defendants contested the compensability of plaintiff's claim, plaintiff requested a hearing pursuant to N.C.Gen.Stat. § 97-83. The relevant evidence before the Commission consisted of testimony by Dr.”
Roberts v. Dixie News, Inc., 658 S.E.2d 684 (N.C. Ct. App. 2008). · cites it 7× “1 and/or pursuant to the provisions of N.C. Gen. Stat. § 97-83 and N.C. Gen. Stat.”
Pait v. Se. Gen. Hosp., 724 S.E.2d 618 (N.C. Ct. App. 2012). · cites it 6× “Plaintiff argues that, because joinder of these “necessary parties” is impossible while plaintiff is still alive, the Commission cannot properly convene the hearing requested by defendants.”
Lewis v. Craven Reg'l Med. Ctr., 518 S.E.2d 1 (N.C. Ct. App. 1999). · cites it 4× “Defendants denied compensation and Plaintiff requested a hearing pursuant to N.C. Gen.Stat. § 97-83, seeking additional medical care and workers' compensation for temporary total disability.”
McGee v. Estes Express Lines, 480 S.E.2d 416 (N.C. Ct. App. 1997). · cites it 5× “” N.C.G.S. § 97-83 (1991); see Worker’s Compensation Rules of the Industrial Commission Rule 404.”
Gray v. Carolina Freight Carriers, Inc., 414 S.E.2d 102 (N.C. Ct. App. 1992). · cites it 3× “In December 1987, *483 following a dispute between plaintiff and defendant regarding the payment of permanent disability compensation, plaintiff requested, pursuant to N.C.G.S. § 97-83, a hearing before the Industrial Commission for a ruling on plaintiff’s entitlement to…”
Harvey v. Cedar Creek BP, 562 S.E.2d 80 (N.C. Ct. App. 2002). · cites it 3× “2d 477, 483 (1985); N.C.G.S. § 97-83 (1999). One of the powers inherent in the courts and thus also in the Industrial Commission is the “power of the court to dismiss a case for want of prosecution.”
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