NC General Statutes

N.C. Gen. Stat. § 97-86 (2026)

Award conclusive as to facts; appeal; certified questions of law

✓ current as of July 2026

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The award of the Industrial Commission, as provided in G.S. 97-84, if not reviewed in due time, or an award of the Commission upon such review, as provided in G.S. 97-85, shall be conclusive and binding as to all questions of fact; but either party to the dispute may, within 30 days from the date of the award or within 30 days after receipt of notice to be sent by any class of U.S. mail that is fully prepaid or email of the award, but not thereafter, appeal from the decision of the Commission to the Court of Appeals for errors of law under the same terms and conditions as govern appeals from the superior court to the Court of Appeals in ordinary civil actions. The procedure for the appeal shall be as provided by the rules of appellate procedure.

The Industrial Commission of its own motion may certify questions of law to the Court of Appeals for decision and determination by the Court. In case of an appeal from the decision of the Commission, or of a certification by the Commission of questions of law, to the Court of Appeals, the appeal or certification shall operate on a supersedeas except as provided in G.S. 97-86.1, and no employer shall be required to make payment of the award involved in the appeal or certification until the questions at issue therein shall have been fully determined in accordance with the provisions of this Article. If the employer is a noninsurer, then the appeal of the employer shall not act as a supersedeas and the plaintiff in such case shall have the same right to issue execution or to satisfy the award from the property of the employer pending the appeal as obtains to the successful party in an action in the superior court.

When any party to an appeal from an award of the Commission is unable, by reason of the party's poverty, to make the deposit or to give the security required by law for the appeal, any member of the Commission or any deputy commissioner shall enter an order allowing the party to appeal from the award of the Commission without giving security therefor. The party appealing from the judgment shall, within 30 days from the filing of the appeal from the award, make an affidavit that the party is unable by reason of the party's poverty to give the security required by law. The request shall be passed upon and granted or denied by a member of the Commission or deputy commissioner within 20 days from receipt of the affidavit. (1929, c. 120, s. 60; 1947, c. 823; 1957, c. 1396, s. 9; 1959, c. 863, s. 4; 1967, c. 669; 1971, c. 1189; 1975, c. 391, s. 15; 1977, c. 521, s. 1; 1993 (Reg. Sess., 1994), c. 679, s. 10.5; 1995 (Reg. Sess., 1996), c. 552, s. 1; 2017-57, s. 15.17; 2025-25, s. 29(1).)

Notes of Decisions

Cited in 196 cases (9 in the last 5 years), 1948–2025 · leading case: Demery v. Perdue Farms, Inc., 545 S.E.2d 485 (N.C. Ct. App. 2001).

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Demery v. Perdue Farms, Inc., 545 S.E.2d 485 (N.C. Ct. App. 2001). · cites it 12× “N.C.G.S. § 97-86 provides that "an award of the Commission upon such review, as provided in G.”

Hassell v. Onslow Cnty. Bd. of Educ., 661 S.E.2d 709 (N.C. 2008). · cites it 16× “" N.C.G.S. § 97-86. This Court has explained that the Commission's findings of fact "are conclusive on appeal when supported by competent evidence, even though there be evidence that would support findings to the contrary.”

In Re Redmond Ex Rel. Nichols, 369 N.C. 490 (N.C. 2017). · cites it 11× ““Alternatively, pursuant to N.C. Gen. Stat. § 97-86 the Industrial Commission of its own motion could have certified the question of the constitutionality of the statute to this Court before making its final decision.”

Carolinas Med. Ctr. v. Employers & Carriers Listed in Exhibit A, 616 S.E.2d 588 (N.C. Ct. App. 2005). · cites it 20× “Alternatively, pursuant to N.C. Gen.Stat. § 97-86 the Industrial Commission of its own motion could have certified the question of the constitutionality of the statute to this Court before making its final decision.”

Adams v. AVX Corp., 509 S.E.2d 411 (N.C. 1998). · cites it 6× “N.C.G.S. § 97-86 provides that “an award of the Commission upon such review, as provided in G.”

Deese v. Champion Int'l Corp., 530 S.E.2d 549 (N.C. 2000). · cites it 6× “N.C.G.S. § 97-86 provides that “an award of the Commission upon such review, as provided in G.”

Egen v. Excalibur Resort Prof'l, 663 S.E.2d 914 (N.C. Ct. App. 2008). · cites it 12× “It is worth noting too that, N.C. Gen.Stat. § 97-86 (2007), which governs appeals from the Full Commission to this Court, allows thirty days from notice of the award and specifies that such notice must be "sent by registered mail or certified mail[.”

Adams v. Metals USA, 608 S.E.2d 357 (N.C. Ct. App. 2005). · cites it 6× “See N.C.G.S. § 97-86 (2003) ("The award of the Industrial Commission .”

Strezinski v. City of Greensboro, 654 S.E.2d 263 (N.C. Ct. App. 2007). · cites it 10× “” N.C. Gen. Stat. § 97-86 (2005). The Opinion and Award at issue was filed 30 January 2007.”

Medlin v. Weaver Cooke Constr., LLC, 760 S.E.2d 732 (N.C. 2014). · cites it 6× “2d 549, 553 (2000); see also N.C.G.S. § 97-86 (2013); Clark, 360 N.C. at 43 , 619 S.”

Clark v. ITT Grinnell Indus. Piping, Inc., 539 S.E.2d 369 (N.C. Ct. App. 2000). · cites it 5× “Pursuant to N.C. Gen. Stat. § 97-86 (Cum. Supp. 1998), defendant-employer ITT Grinnell Industrial Piping, Inc.”

Sharpe v. Rex Healthcare, 633 S.E.2d 702 (N.C. Ct. App. 2006). · cites it 16× “N.C. Gen.Stat. §§ 97-86; 97-2(11). 2. Plaintiff failed to request approval of unauthorized medical expenses within a reasonable time.”

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