11 NCAC 23A .0408         Application for or Stipulation to Additional Medical Compensation

(a)  An employee may file an application for additional medical compensation with the Office of the Executive Secretary for an order for payment of additional medical compensation within two years of the date of the last payment of medical or indemnity compensation, whichever occurs last. An application may be made on a Form 18M Employee's Application for Additional Medical Compensation or by written request. In the alternative, an employee may file an application for additional medical compensation by filing a Form 33 Request that Claim be Assigned for Hearing with the Commission pursuant to Rule .0602 of this Subchapter.

(b)  Upon receipt of a Form 18M Employee's Application for Additional Medical Compensation or a written request, the Commission shall notify the employer, carrier, or administrator that the claim has been received by providing a copy of the Form 18M Employee's Application for Additional Medical Compensation or the written request. Within 30 days, the employer, carrier, or administrator may send to the Commission and the employee's attorney of record or the employee, if unrepresented, a written statement as to whether the request is accepted or denied. If the request is denied, the employer, carrier, or administrator may state in writing the grounds for the denial and shall attach any supporting documentation to the statement of denial.

(c)  The parties may, by agreement or stipulation consistent with the Workers' Compensation Act, provide for additional medical compensation.

(d)  This Rule applies to injuries occurring on or after July 5, 1994.

History Note:        Authority G.S. 97-25.1; 97-80(a);

Eff. March 15, 1995;

Amended Eff. November 1, 2014; June 1, 2000;

Recodified from 04 NCAC 10A .0408 Eff. June 1, 2018;

Amended Eff. December 1, 2020.