04 NCAC 10A .0608          Statement of Incident Leading to Claim

(a)  Upon the request of the employer or his or her agent to take a written or a recorded statement, the employer or his agent shall advise the employee that the statement may be used to determine whether the claim will be paid or denied. Any plaintiff who gives his or her employer, its carrier, or any agent either a written or recorded statement of the facts and circumstances surrounding his or her injury shall be furnished a copy of the statement within 45 days after request. Further, any plaintiff who shall give a written or recorded statement of the facts and circumstances surrounding his or her injury shall, without request, be furnished a copy no less than 45 days from the filing of a Form 33 Request that Claim be Assigned for Hearing.  The copy shall be furnished at the expense of the person, firm or corporation at whose direction the statement was taken.

(b)  If any person, firm or corporation unreasonably fails to comply with this Rule, then an order may be entered by a Commissioner or Deputy Commissioner prohibiting that person, firm or corporation, or its representative, from introducing the statement into evidence or using any part of the statement.

 

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

Eff. January 1, 1990;

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