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NC General Statutes

N.C. Gen. Stat. § 97-91 (2026)

Commission to determine all questions

✓ current as of July 2026
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All questions arising under this Article if not settled by  agreements of the parties interested therein, with the approval of the Commission, shall be determined by the Commission, except as otherwise herein provided. (1929, c. 120, s. 65.)

 

Notes of Decisions
Cited in 40 cases (1 in the last 5 years), 1948–2026 · leading case: North Carolina State Bar v. Gilbert, 566 S.E.2d 685 (N.C. Ct. App. 2002).
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North Carolina State Bar v. Gilbert, 566 S.E.2d 685 (N.C. Ct. App. 2002). · cites it 12× “Pologruto's workers' compensation case in violation of the 14 October 1998 order of the North Carolina Industrial Commission, in which a deputy commissioner had only authorized defendant to receive $15,000 from the lump sum award.”
Allred v. Exceptional Landscapes, Inc., 743 S.E.2d 48 (N.C. Ct. App. 2013). · cites it 4× “Under N.C. Gen. Stat. § 97-91 , the Commission has the power to administrate the Workers’ Compensation Act and to hear “all questions arising under the Article if not settled by agreements of the parties interested therein, with the approval of the Commission .”
Forrest v. Pitt Cnty. Bd. of Educ., 394 S.E.2d 659 (N.C. Ct. App. 1990). · cites it 4× “N.C.Gen.Stat. § 97-91 (1985). In conclusion, we affirm the opinion and award of the Full Commission in part, vacate in part and remand for further action consistent with this opinion.”
Johnson v. S. Indus. Constructors, Inc., 495 S.E.2d 356 (N.C. 1998). · cites it 6× “For the reasons stated herein, we do not perceive this to be the intent of the legislature by its enactment of N.”
Lowery v. Campbell, 649 S.E.2d 453 (N.C. Ct. App. 2007). · cites it 8× “While plaintiff's declaratory judgment action involves workers compensation insurance, we reject appellant's contention because at the time plaintiff initiated the declaratory action, the Industrial Commission already heard plaintiff's claim against his employer and awarded…”
Eller v. J & S Truck Servs., Inc., 397 S.E.2d 242 (N.C. Ct. App. 1990). · cites it 7× “General Statutes § 97-91 provides: “All questions arising under this article if not settled by agreements of the parties interested therein, with the approval of the Commis *548 sion, shall be determined by the Commission, except as otherwise herein provided.”
Palmer v. Jackson, 579 S.E.2d 901 (N.C. Ct. App. 2003). · cites it 3× “held that the jurisdiction of the Industrial Commission, under N.C. Gen. Stat. § 97-91 , is not limited .”
Saunders v. ADP TotalSource Fi Xi, Inc., 791 S.E.2d 466 (N.C. Ct. App. 2016). · cites it 4× “N.C. Gen. Stat. § 97-91 (2015). Our Court has determined "medical compensation is solely in the realm of the Industrial Commission, and § 97-90(c) gives no authority to the superior court to adjust such an award under the guise of attorneys' fees.”
Greene v. Spivey, 73 S.E.2d 488 (N.C. 1952). · cites it 2× “The appellant's position is untenable. The Commission is specifically vested by statute with jurisdiction to hear "all questions arising under" the Compensation Act.”
North Carolina Ins. Guar. Ass'n v. Int'l Paper Co., 569 S.E.2d 285 (N.C. Ct. App. 2002). · cites it 3× “The decision of the trial court is therefore affirmed. Analysis The Industrial Commission is vested with jurisdiction to hear “[a]ll questions arising under” the Workers’ Compensation Act.”
Reed v. Carolina Holdings, 796 S.E.2d 102 (N.C. Ct. App. 2017). · cites it 2× “N.C. Gen. Stat. § 97-91 (2015). Our Court has determined "medical compensation is solely in the realm of the Industrial Commission, and § 97-90(c) gives no authority to the superior court to adjust such an award under the guise of attorneys' fees.”
Pearson v. C.P. Buckner Steel Erection Co., 498 S.E.2d 818 (N.C. 1998). · cites it 5× “” N.C.G.S. § 97-91 (1991). Thus, it is well established that the Commission is not a court with general implied jurisdiction.”
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