§ 143-166.19. Determination of cause and extent of incapacity; hearing before Industrial Commission; appeal; effect of refusal to perform duties. - North Carolina Statutes

§ 143‑166.19. Determination of cause and extent of incapacity; hearing before IndustrialCommission; appeal; effect of refusal to perform duties.

Upon the filing of the report, the secretary or other head of thedepartment or, in the case of the General Assembly, the Legislative ServicesOfficer, shall determine the cause of the incapacity and to what extent theclaimant may be assigned to other than his normal duties. The finding of thesecretary or other head of the department shall determine the right of theclaimant to benefits under this Article. Notice of the finding shall be filedwith the North Carolina Industrial Commission. Unless the claimant, within 30days after he receives notice, files with the North Carolina IndustrialCommission, upon the form it shall require, a request for a hearing, thefinding of the secretary or other department head shall be final. Upon thefiling of a request, the North Carolina Industrial Commission shall proceed tohear the matter in accordance with its regularly established procedure forhearing claims filed under the Worker's Compensation Act, and shall report itsfindings to the secretary or other head of the department. From the decision ofthe North Carolina Industrial Commission, an appeal shall lie as in othermatters heard and determined by the Commission. Any person who refuses toperform any duties to which he may be properly assigned as a result of thefinding of the secretary, other head of the department or of the North CarolinaIndustrial Commission shall be entitled to no benefits pursuant to this Articleas long as the refusal continues. (1979, 2nd Sess., c. 1272, s. 1; 1981, c. 348, s. 3.)